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W. J. Winterstein Jr.

W. J. Winterstein Jr.

Montgomery and Berks County, Experienced practitioner in Civil matters
  • Bankruptcy, Collections, Foreclosure Defense ...
  • Pennsylvania
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Claimed Lawyer ProfileQ&AResponsive Law
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
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
Oklahoma City University School of Law Logo
Awards
BV Rated, Distinguished professionally and personally
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
554 Questions Answered
Q. House sold despite active Chapter 13 bankruptcy in Delaware; options?
A: When you filed for bankruptcy relief (assuming this was your first bankruptcy filing), an automatic stay was enter, BY ORDER OF THE BANKRUPTCY COURT WHERE YOU FILED, prohibiting any creditor/claimant from taking or continuing all actions against you and/or your property. Only the bankruptcy court where your case is pending can enter a subsequent order modifying that stay, after notice and a hearing to both you and your attorney of record in the bankruptcy case.

The "bankruptcy estate" which includes all of your property interests, even mere possessory interests, is protected by that bankruptcy automatic stay.

You do not say, although you must know, what your relatives signed, as it most probably will come up in further proceedings.

The usual remedy in situations like yours, other than some resolution by agreement, is for your attorney to prepare and file a Motion for Contempt for willful violation (I assume your mortgagee was notified of your bankruptcy filing) of the bankruptcy court's order of automatic stay; the relief sought would be the court's declaration that the proposed sale of any property interests of yours is void and for money damages and attorney fees of your bankruptcy lawyer for the contempt proceeding,
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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.
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Contact & Map
Law Office of W.J. Winterstein, Jr.
P.O. Box 285
Boyertown, PA 19512
US
Telephone: (484) 415-0144
Monday: 6:30 AM - 9:30 PM (Today)
Tuesday: 6:30 AM - 9:30 PM
Wednesday: 6:30 AM - 9:30 PM
Thursday: 6:30 AM - 9:30 PM
Friday: 6:30 AM - 9:30 PM
Saturday: 6:30 AM - 9:30 PM
Sunday: 6:30 AM - 5 PM
Notice: I work from my home office at this point.
Law Office of W.J. Winterstein, Jr.
PO BOX 285
BOYERTOWN, PA 19512
US
Telephone: (484) 415-0144
Monday: 7 AM - 10 PM (Today)
Tuesday: 7 AM - 10 PM
Wednesday: 7 AM - 10 PM
Thursday: 7 AM - 10 PM
Friday: 7 AM - 10 PM
Saturday: 7 AM - 10 PM
Sunday: 7 AM - 10 PM