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.

Oklahoma City University School of Law

J.D.

1974 - 1976

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

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.

BV Rated, Distinguished professionally and personally

Martindale-Hubbell

2016

PA Bar Association

member

2007 - Current

Eastern district of PA Bankruptcy Conference

Member

1992 - Current

Pennsylvania

Disciplinary Board of the Supreme Court of Pennsylvania

Since 1991

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

• General Civil

Q. Can I remove a co-borrower from a mortgage due to their bankruptcy and late payments after a forbearance filed without my knowledge?

April 12, 2025

A: Even if the underlying indebtedness of your co-borrower is somehow discharged, you as a co-borrower cannot compel the removal of that co-signor absent an agreement with the creditor to do so. And in my experience, it would take a substantial payment to the creditor to get that done.

Be advised that if you have not been paying a share of the debt service from the first borrowing, you may be legally liable to your co-signor for what is called "contribution".

You are best served by consulting with experienced counsel about these issues and your goals.

Q. Can I keep my car with a lien if I file Chapter 7 bankruptcy in Arizona?

March 31, 2025

A: In a bankruptcy filing, you have no choice about which debts and assets you disclose in what all you file with the Court. You sign your several Court documents under penalty of perjury (a felony) and it's never smart to morph a money issue into a criminal case,

There are some special provisions about vehicle liens in the Code though you don't disclose enough in your post to address that.

Confer with an experienced bankruptcy lawyer in AZ about your goals, and divulge everything before you take action.

Q. Can I transfer my home to my girlfriend before filing for bankruptcy?

March 30, 2025

A: Any transfer within a year or three for less than "full consideration", i.e., fair market value, will be subject to scrutiny and probably rescission, and may be grounds for replacement of the debtor in a Chapter 13 case with a trustee. The bankruptcy laws in the US have been on the books for a few centuries and the Court is on to most of the "tricks".

A bankruptcy filing is a major financial step, and is best done under the aegis of experienced counsel.