W. J. Winterstein Jr.

A solo practitioner, I work from a home office in Boyertown, PA, about 30 miles from center-city Philadelphia, and most of my cases are litigated in Philadelphia and Reading courts. With the assistance of local counsel, I also handle matters in Delaware. I have over 30 years experience in both state and federal courts; bankruptcy and mortgage foreclosure/workout are a large part of my practice. PLEASE CONTACT ME BY EMAIL, as that is my preference, and more reliable for each of us.

• Bankruptcy
• Business Law
• Collections
• Foreclosure Defense
• Consumer Law
• Probate

• General Civil

• Skype

• Free Consultation
  I am happy to chat with you about your issues, for no charge, for up to one hour.

Pennsylvania

Attorney

Law Office of W.J. Winterstein, Jr.

1976 - Current

Over 30 years experience in bankruptcy reorganizations, out of court workouts, debtor/creditor, civil practice in all state and federal courts in PA, OK, with practice encompassing NJ and DE through local counsel. Admitted to Third Circuit, Tenth Circuit, and U.S. Supreme Court, and all lower courts in PA.

Oklahoma City University School of Law

J.D.

1974 - 1976

Honors: Graduated with honors, 2nd of 208, 1976

PA Bar Association

member

2007 - Current

Eastern district of PA Bankruptcy Conference

Member

1992 - Current

Q. our home was included in our bankruptcy we moved out but the township keeps saying we are responsible for the lawn care

3 July 2020

A: Just because you've moved out/abandoned the property doesn't automatically equate to someone else taking title to the property. The township, and other providers of utilities, hold the record title owner responsible for their respective charges. The bankruptcy, if it was a Ch. 7 case, discharges all debts you have accrued up to the date of your bankruptcy filing, but NOT future accruing debts (other than, e.g., a home mortgage or other debt evidenced by a promissory note). The difference is that your liability for, e.g., sewer rental doesn't accrue until the months after your bankruptcy filing, and sewer and water is a "rental" of the pipe space, not dependent on water flow. Your Mortgage holder/bank would normally not delay in foreclosing on the property, scheduling a sheriff's sale and bidding in the property, and about two months later, taking a sheriff's deed to the property and recording that deed. At that point, the township, and utilities, would look to the bank for payment, and upkeep of the property. Many mortgage lenders are currently halting pending foreclosures, or delaying the start of new foreclosure cases, because of the virus pandemic.

Q. 10 years chapter 7/ never confirmed. should paying principal be going up ? and interest be going down ? sold twice

23 May 2020

A: It's common for Mortgage lenders, and their "loan servicers", to transfer their mortgage loans to new entities, but such transfers do not alter the terms of your Note and Mortgage. However, you don't provide enough information to give you an answer to your issues. To do so, I'd need to see a copy of your Note and Mortgage. I'd also need to know more about your prior bankruptcy case. If you provide the Bankruptcy Case Number, I can access the case information online. (In a Ch. 7 case, nothing is "confirmed"; the important event is whether a bankruptcy discharge was entered). However, even entry of a bankruptcy discharge does not affect an ongoing mortgage debt and its payment, as is possible in a Chapter 13 case. If you do not have a copy of your Note and Mortgage, you can request those from your current Mortgage holder or servicer.

Q. Should I do my chapter 7 bankruptcy before or after divorce?

8 April 2020

A: Financial obligations imposed during a divorce that are for "support" (alimony may be support alimony, and of course, child support) are not dischargeable in bankruptcy. However, "alimony in lieu of " property division, or in the nature of property division, IS a dischargeable obligation In bankruptcy. Be sure to inform your divorce lawyer that you anticipate that you will be filing for bankruptcy relief. And that's the answer to your question. I'd recommend that you complete your divorce case first so that your future domestic relations obligations are known and in an amount certain. Support alimony is based on length of the marriage, but mostly upon the earning potential of each of the parties. Child support is based on current income of each party, and the custody split of the children, and is adjustable in the future. You and your bankruptcy lawyer would need to know the amount of any domestic relations obligations to enable you to choose the best bankruptcy chapter under which to file.