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. 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.

PA Bar Association

member

2007 - Current

Eastern district of PA Bankruptcy Conference

Member

1992 - Current

Pennsylvania

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

Bankruptcy

Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief

Collections

Foreclosure Defense

Consumer Law

Lemon Law

Probate

Probate Administration, Probate Litigation, Will Contests

• General Civil

Q. what can i do if my ex wife filed bankruptcy without me knowing while married and didnt let me buy in to the bankruptcy

March 30, 2023

A: There are a host of issues in what little you report as facts. Did she file for bankruptcy herself, or did she also name you? What chapter of bankruptcy relief did she choose? Were you listed as a potential creditor, and did you receive notice from the court clerk of the filing of the bankruptcy? Were any of your rights impinged in her bankruptcy? There are more issues which may arise, and you should waste no time before speaking with an experienced bankruptcy attorney authorized to practice in your state. He can access the bankruptcy filings easily, and if you're lucky, his firm will also handle domestic relations matters, as it appears that's where you're headed. Just as a general rule, domestic relations obligations are not modifiable in a bankruptcy case, but get a full explanation from local counsel.

Q. Does transferring a civil judgment from one county to another in PA restart the statute?

March 30, 2023

A: A judgment rendered by a PA court goes "dormant" after five years of inactivity, but may be kept "alive" is the creditor executes on the judgment, or issues discovery in aid, within that five year period. A judgment rendered by a PA District Court (small claims, under $15K) reaches to the borders of the county where it is rendered, but it can be registered as a judgment of the Court of Common Pleas (within five years of its rendition), and if so registered, will be effective, e.g. operate as a lien, throughout the Commonwealth of PA. You don't say enough (facts) in your question to answer it reliably. Speak to a PA lawyer about the validity of your judgment and its "life". In my opinion, the mere transfer of the judgment a decade after its entry has no effect on the Statute of Limitations.

Q. How come I have to Waite 8 years to file bankruptcy I got in a bind because of Covid now I need to file to get out

March 27, 2023

A: After ten years of costly lobbying by the banks and credit card issuers, the GOP, controlling both houses of Congress, and the Presidency, passed massive revisions to the US Bankruptcy Code, and the enlarged interim between allowable discharges was but one of those. The irony, according to many commentators, is that the credit card issuer industry had, by 2005, self-corrected, and the changes wrought in the 2005 legislation was no longer needed by them. In any event, your 8-year predicament is now the law of the land.

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