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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
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
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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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Legal Answers
449 Questions Answered
Q. I am currently in Chapter 13, which was filed 9 months ago. In the past 60 days, I defaulted on my cell phone bill.
A: Your confirmed Plan is your first stop- does it read that you will pay, directly, specific debts? If so, and your cell bill is among those, then you have violated your confirmed Plan, and the bankruptcy Trustee my file to convert or dismiss your case. (You don't say whether you are current otherwise on recurring bills or payments to the Trustee).

As always, your best path to calculate your risks and determine your best path is to confer with your bankruptcy attorney as soon as you can.
Q. How long does it take to complete a bankruptcy process? And can one travel outside the country during the process?
A: There are different forms/"Chapters" of bankruptcy, e.g., for an individual, primarily a Ch. 7 ("liquidation", other than exempt property) and Ch. 13 (commonly, a "Wage earner's plan").

A Chapter 7 case, without "wrinkles", can take three to four months, depending upon the assigned Trustee.

A Chapter 13 cases is a payout of part of the unsecured claims, and usually takes three to five years before a Discharge Order is entered.

There is not express provision of the Bankruptcy Code barring travel, even outside the US. However, if done, the Trustee, and perhaps any of the creditors, may want to know who paid for that travel, and what purpose it served. Those may be painful to answer.

Your post says practically nothing about your financial situation, and that will determine whether you are eligible for the different forms of bankruptcy relief. Your best path is to confer with an experienced bankruptcy attorney in PA about your situation and your options going forward, BEFORE you take an actions involving the outlay of money.
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Q. I was discharged after filing chapter 7 in August of last year. Was involved in car accident in February 2024. She is at
A: Unlike many states (like PA), Ohio does not permit a debtor to choose between the state and federal exemption lists; an Ohio resident can choose only those exemptions granted by the state of Ohio.

While it appears that the Ohio exemptions might have protected your auto accident recovery, you shouldn't need to be concerned about your bankruptcy reaching your post-discharge accident and recovery.
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Contact & Map
Law Office of W.J. Winterstein, Jr.
P.O. Box 285
Boyertown, PA 19512
Telephone: (484) 415-0144
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 (Today)
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
Telephone: (484) 415-0144
Monday: 7 AM - 10 PM
Tuesday: 7 AM - 10 PM
Wednesday: 7 AM - 10 PM
Thursday: 7 AM - 10 PM
Friday: 7 AM - 10 PM (Today)
Saturday: 7 AM - 10 PM
Sunday: 7 AM - 10 PM