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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. 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
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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.
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 Associations
PA Bar Association
member
- Current
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Eastern district of PA Bankruptcy Conference
Member
- Current
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Legal Answers
234 Questions Answered
Q. If I am listed on a relative’s bank account and I and that relative are PA residents, if I die what happens?
A: If by "listed" you mean that you have signed a Signature Card with the bank, then you currently have the power to write checks/make withdrawals. However, if you are listed as a "joint, with right of survivorship", and you pass before the other on the account, your interest in the account is extinguished at the moment of death. If you are not shown as "with right of survivorship", then your Executor accedes to your rights in whatever the bank balance is in the deposit account. However, keep in mind that the other account signator can withdraw funds from the account at any time.
Q. Who recieves money left in a checking account?
A: Under PA law, the appointed executor's duty is to implement the expressed intent of the testator, as expressed in the probated Will. If an asset of the testator is not disposed or bequeathed by that Will, it is for the Court, not the Executor, to determine the testator's dispositive intent for any unmentioned asset. I've seen a lot of Wills, and every one had a clause stating that all the rest and residue of the state shall go to [X]. The Executor can, and should, present the issue to the Court for determination of the testator's intent.
Q. Can a bank lawfully withhold the title of my car.if the chapter 13 was dismissed..and the bank wrote the loan off
A: Yes. Until the underlying debt is fully paid, the bank can retain the title. When a bankruptcy case is dismissed, all debt obligations are treated as if the bankruptcy never happened. In addition, the grant of a discharge in a bankruptcy case (you didn't get that far) doesn't discharge a perfected lien against any of the debtor's property (to discharge a perfected lien in bankruptcy, it must be a junior lien, and there must not be even one dollar of equity value in the property to which the junior lien can attach). A 'write-off" of a debt by a creditor is just an internal accounting function. It does not alter any outstanding legal obligation to repay.
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Contact & Map
Law Office of W.J. Winterstein, Jr.
P.O. Box 285
Boyertown, PA 19512
Telephone: (484) 415-0391
Monday: 6:30 AM - 9:30 PM
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 (Today)
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 1006
Royersford, PA 19468
Telephone: (484) 415-0391