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. There isn't much I haven't seen, or done.
Currently rated "Distinguished" by the "gold standard" of lawyer ratings.
PLEASE CONTACT ME BY EMAIL FIRST, as that is my preference, and more reliable for each of us.

• General Civil

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Pennsylvania

Disciplinary Board of the Supreme Court of Pennsylvania

Since 1991

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

BV Rated

Martindale-Hubbell

2016

PA Bar Association

member

2007 - Current

Eastern district of PA Bankruptcy Conference

Member

1992 - Current

Q. I am the buyer of real estate w/ an owner carry contract. There is a five-year balloon note which is coming up…

January 13, 2025

A: The "repayment type of bankruptcy" is a Chapter 13 bankruptcy case, which is fortuitous because, thanks to a Supreme Court case penned by Clarence Thomas (that flies in the face of Section 306 of the Bankruptcy Code), a debtor cannot modify a home loan in a Chapter 7 case.

Note that in every bankruptcy case. you must list ("include") every asset (broadly defined by the Code) and every claim against you, whether you agree with the claim's validity or not, and you do so under penalty of perjury.

If you qualify for a Ch. 13, and the home's retention is in the best interest of the bankruptcy estate, and you can cement a "cure" on the house debt within five years, then yes, you should be able to retain the house.

I strongly recommend that you engage/confer with experienced Arkansas counsel to accomplish your goals. ... Read More

Q. If 2 people were sued together in small claims court, can the judgement be dismissed in ch 7 if one of them files?

January 12, 2025

A: Unless the judgmemt (you don't say whether its been entered or become final) is deemed to be a perfected lien against all Arkansas assets under Arkansas law, the filing person can discharge the small claims court judgment debt.

The non-filer will remain liable to the judgment creditor.

Note that in a Chapter 13 bankruptcy, a co-debtor stay against claims "dealt with by the Plan" is issued upon a bankruptcy filing.

Confer with experienced bankruptcy counsel about this issue.

Q. I filed chapter 13 bankruptcy to stop foreclose on my home, my ex filed to have the automatic stay lifted as a creditor?

January 9, 2025

A: Orders of a domestic relations (non-bankruptcy) court, and support and property division items therein, are often entitled to great weight by bankruptcy courts. The seeming key about divorce-court-created debt obligations seems to be whether any such payment is "support" or "property division". Support obligations are neither dischargeable nor modifiable by the bankruptcy courts (obligations may be modified by the appropriate state court).

In addition, courts often say that any creditor, when/if in doubt about a domestic court obligation (even a hold harmless), should file a bankruptcy court Motion (relief from stay is typical) to raise the issue.

Your former spouse has apparently done the right thing by his bankruptcy court filing.

Consult an experienced attorney in your jurisdiction (your bankruptcy lawyer?) who may be familiar with the court for a more definitive answer. ... Read More