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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.
Education
- Oklahoma City University School of Law
- J.D.
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- Honors: Graduated with honors, 2nd of 208, 1976
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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.
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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Jurisdictions Admitted to Practice
- Pennsylvania
- Disciplinary Board of the Supreme Court of Pennsylvania
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Fees
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Free Consultation
I am happy to chat with you about your issues, for no charge, for up to one hour.
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
Languages
- English: Spoken, Written
Legal Answers
- Q. My husband died. I can't afford the home, boat and camper that is in our names. How do I liquidate? File bankruptcy?
- A: Filing for bankruptcy relief is a serious matter, determined by consideration of all your assets and debt, and your income and future plans.
In PA, you can put house, camper and boat solely in your name by filing a Certificate of Death, way cheaper than filing for bankruptcy. Once in your name alone, you can sell at your leisure (or as your income requires).
Spend an hour with an experienced NC attorney to discuss your options.
- Q. If my Chapter 13 payment increases, where does that extra money go if I have a set amount to pay off in 5 years?
- A: YOU, as a Ch. 13 debtor, propose a Plan. So you didn't "get put into" any Plan.
If your Plan deals with secured creditors with perfected liens on property you retain, "extra" money may pay accruing interest on those claims.
And "extra" money may pay administrative claims of lawyers or the Ch. 13 Trustee.
These are just educated guesses, as any bankruptcy lawyer must have full facts to answer your questions.
- Q. Can lawsuit compensation be used to pay off bankruptcy debt?
- A: The Official Bankruptcy Forms you are required to file whether you choose a Chapter 7 or 13 case require you to disclose your lawsuit and put an estimated value on it.
The suit will be treated as an asset of the bankruptcy estate and the bankruptcy trustee may become a replacement plaintiff or necessary party.
If you fail to disclose the suit, you will probably lose your right to recover.
Confer with experienced bankruptcy counsel about your options before proceeding.
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