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.
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.

• General Civil

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

Pennsylvania

Disciplinary Board of the Supreme Court of Pennsylvania

Since 1991

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.

Oklahoma City University School of Law

J.D.

1974 - 1976

Honors: Graduated with honors, 2nd of 208, 1976

BV Rated, Distinguished professionally and personally

Martindale-Hubbell

2016

PA Bar Association

member

2007 - Current

Eastern district of PA Bankruptcy Conference

Member

1992 - Current

Q. House sold despite active Chapter 13 bankruptcy in Delaware; options?

March 15, 2025

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, ... Read More

Q. Received email about charged-off HSBC debt from 2016; statute limitations concern in PA/GA.

March 14, 2025

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?

March 10, 2025

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.