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W. J. Winterstein Jr.
Montgomery and Berks County, Experienced practitioner in Civil matters
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Biography
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.
Practice Areas
- Bankruptcy
- Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
- Collections
- Foreclosure Defense
- Consumer Law
- Lemon Law
- Probate
- Probate Administration, Probate Litigation, Will Contests
Additional Practice Area
- General Civil
Video Conferencing
- Skype
Fees
-
Free Consultation
I am happy to chat with you about your issues, for no charge, for up to one hour.
Jurisdictions Admitted to Practice
- Pennsylvania
- Disciplinary Board of the Supreme Court of Pennsylvania
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Languages
- English: Spoken, Written
Professional Experience
- Attorney
- Law Office of W.J. Winterstein, Jr.
- - 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.
Education
- Oklahoma City University School of Law
- J.D.
- -
- Honors: Graduated with honors, 2nd of 208, 1976
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Awards
- BV Rated
- Martindale-Hubbell
Professional Associations
- PA Bar Association
- member
- - Current
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- Eastern district of PA Bankruptcy Conference
- Member
- - Current
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Legal Answers
553 Questions Answered
- Q. Received email about charged-off HSBC debt from 2016; statute limitations concern in PA/GA.
- A: A "charge-off" of a debt is an internal accounting process, and it has no legal effect on the indebtedness.
You appear to be correct about the length of PA limitations.
Note that the PA statute of limitations runs from the date of default. That period may be extended, however, by a subsequent payment or acknowledgement of liability.
You will be best served by conferring with experienced PA counsel, as there may be other pertinent details that affect the result (e.g., absence from a jurisdiction may extend time to sue).
- Q. Is there a form to file a Motion to Stay Execution for a judgment in NC?
- A: Most "forms" are a trap, trusting you to choose what may be relevant to the Court. Most courts have rules that prohibit offers of proof on matters not well pled in the forms.
And a pleading almost certainly triggers a court hearing.
On top of that, most lawyers will reject requests to prosecute or defend a "form" pleading.
You are best advised to seek counsel with an experienced practitioner now about your goals.
- Q. Can I file for bankruptcy with inherited home unrelated debt?
- A: Eligibility for the different chapters of the Bankruptcy Code are in Section 109.
Here are two helpful sitess:
www.experian.com/blogs/ask-experian/what-are-the-requirements-for-bankruptcy/#:~:text=Chapter%207%20bankruptcy,?msockid=0b6ad8f42a4e6c3a3945cb8c2b676d4c
www.law.cornell.edu/uscode/text/11/109
The process has gotchas, so it is best to use an experienced bankruptcy attorney to assist you throughout.
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