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Questions Answered by W. J. Winterstein Jr.
2 Answers | Asked in Bankruptcy for Florida on
Q: Is there a limit to the amount of credit card debt to file for bankruptcy, Chapter 7? Thank you.
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 20, 2022

There are no eligibility limits for debt to file a Ch. 7 case; there are income ceilings, however. (Unlike a Ch. 13, for which there are debt limits for both secured and unsecured debt totals).

A cautionary note- any charges made to a credit card within 90 days prior to the filing of a...
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5 Answers | Asked in Bankruptcy and Tax Law for Tennessee on
Q: Can I file bankruptcy for all my credit cards 2 loans medical bills and back taxes
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 16, 2022

When you file for bankruptcy relief, you must sign several bankruptcy Schedules showing ALL your estates and ALL your debts, and swear to their accuracy. You cannot leave anything out.

Credit card and medical bill debts are generally unsecured, i.e., there is no collateral securing...
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2 Answers | Asked in Bankruptcy and Tax Law for North Carolina on
Q: In nc I owe state taxes and federal taxes back from 2016 & 2017 can I file bankruptcy for these back taxes and all my db
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 16, 2022

Certain types of taxes are dischargeable in bankruptcy, IF you have filed a tax return showing those taxes as due longer than two years and four months prior to the date you file for bankruptcy relief.

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2 Answers | Asked in Criminal Law for Texas on
Q: im 14 and i accidentally spent $140 on someone elses paypal am i going to jail or something im so scared
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 9, 2022

Not sure how that can be done "accidentally", but, the most important thing is- don't wait to be caught.

Tell your parents what you've done. And/0r tell the person whose account you hacked, if you know who that is. Or maybe even tell your local legal authorities. You...
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1 Answer | Asked in Bankruptcy and Collections for Utah on
Q: Injunctive Relief for credit reporting accounts that were included in wage earner plan

I had on time payments on all of my accounts even when i filed bankruptcy. Once it was officially filed all 14 accounts were reported as negative marks as being banktruptcy.

When i have previously filed bankruptcy this never happened. One of the accounts is my car loan that I still make... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 5, 2022

Generally, the credit bureaus just publish comments about your accounts submitted by those creditors who subscribe to any of the credit bureau's service. The credit bureau itself doesn't generate comments about particular accounts, although the bureaus may have picked up your bankruptcy... Read more »

3 Answers | Asked in Bankruptcy for New Jersey on
Q: My bank account was levied, if I put more money in, can they take it again?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 2, 2022

I agree that a garnishment/levy on your bank account is continuing, so adding deposits to that account is NOT a good idea.

Open a deposit account at some other financial institution. Would be smart to open an account at a Delaware bank/credit union. A NJ judgment doesn't have effect...
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1 Answer | Asked in Bankruptcy for Alabama on
Q: I live in Central Alabama, and I’m two and a half years into a chapter 13 bankruptcy. Am I aloud to open a credit card?

I want to start rebuilding my credit eventually, if I am able to open one whats the process like?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 1, 2022

Section 364 of the Bankruptcy Code provides for obtaining credit while in bankruptcy. While the statute speaks of a "trustee", that term includes a debtor in possession, which is what a Ch. 13 debtor is.

Section 364 authorizes obtaining unsecured credit "in the ordinary...
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2 Answers | Asked in Bankruptcy, Consumer Law and Identity Theft on
Q: Why are there accounts on my credit report that say included in bankruptcy? Is it really just an error?

A family members bankruptcy is showing up on my credit report. I called one of the creditors on my report & they told me my family member gave them my ss# with their DOB when the account was opened. I asked my family member to contact the firm who handled their bankruptcy & ask why its... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 28, 2022

Lodging a dispute with the credit bureau(s) (you should check all three major credit bureau reports) may work to delete the entry on your credit report.

There is a more ominous aspect to this, however. About ten years ago, an attorney with the US Trustee's office in my District told...
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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I filed appeal to an Order Granting Relief from Automatic Stay in Brutpcy Court, Is the stay in effect pending appeal?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 27, 2022

No, and if you do not file a motion for stay pending appeal, addressed first to the bankruptcy court, and if denied, then to the US District Court (the appellate court in bankruptcy cases), your appeal may be dismissed as moot if the creditor obtains foreclosure sale or other irreversible steps... Read more »

3 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: Can a financial power of attorney remove assets from an estate without compensation?

My parents helped my sibling(1) buy a house and also provided money to make improvements - new roof, bathroom(s) remodeled, etc. Now both my parents are incapacitated. My other sibling(2) has power of attorney over both of them, and used the power to re-title the property in sibling(1) name only,... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 27, 2022

In PA, the designated "attorney-in-fact" must always act to promote the best interests, especially financial, of the grantor(s) under the Power of Attorney.

Upon the scant facts you provide, there seems to be no financial benefit to your parents by forfeiting their long-held...
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3 Answers | Asked in Bankruptcy, Consumer Law and Civil Rights for Wisconsin on
Q: Can a collection firm charge a 6% interest on a court order amount
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 24, 2022

All states have statutes specifying the "legal rate" of interest, and routinely, when an order to pay/judgment is entered by a court, interest accrues on the adjudicated amount at the legal rate.

So, yes, the court has the power to impose interest until paid. I recommend that you...
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1 Answer | Asked in Estate Planning for Pennsylvania on
Q: My father wants to purchase a home using his VA home loan he currently gets community based services (home care aid)

In the event of death will the state try to get the property to pay for his services ?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 19, 2022

The VA home purchase benefit entitles the vet buyer to finance 100% of the purchase amount of the property, and consequently, for several years after the purchase, there is little or no equity in the property.

When federal funds (administered by the State) are expended for end of life...
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1 Answer | Asked in Estate Planning for Pennsylvania on
Q: Sole heir to my dads estate in PA. Sold the house & going to pay the inheritance taxes. How much more needs to be done?

What else needs to be done before I can get the left over money in the account?

Edited: to say their was no will. But yes it was posted in the paper and 1 other place by my lawyer. About 2 months ago

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 10, 2022

Assuming you opened a probate case and got the will admitted, PA law requires you to post notice of the estate opening in a newspaper in the county "of general circulation". Creditors of the estate have one year from the date of first publication within which to make a claim against the... Read more »

2 Answers | Asked in Bankruptcy for Florida on
Q: Chapter 7 in Florida, my Car is paid for, Kelly Blue Book says 14K ..but I need a Car! What should I do? thank you.

I passed the means test, I am employed but currently receive Disability from employers LTD insurance. I know that Florida only allows for a $1000 Car, but I cant throw money out the Window to drive a junk Car that cost me more money in the end. The problem is that I paid the Car off in 2020. I know... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 1, 2022

You are best advised to discuss these concerns with a Florida bankruptcy lawyer.

If the car is the only asset you have with reachable equity, you're probably safe and can keep the car (whether in a Ch. 7 or 13). If you have other assets that are not protected by the allowed exempt...
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2 Answers | Asked in Bankruptcy and Collections for North Carolina on
Q: Can a Trustee make you have your home appraised if you are filing bankruptcy but not including your home?

And can they (the Trustee) also have your home appraised?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 1, 2022

When you complete your bankruptcy Schedules, which ask you to list every conceivable asset you have, and you sign them under penalty of perjury, it is not possible to "not include" your house.

A debtor's opinion of its value is generally admissible as proof of value, to be...
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2 Answers | Asked in Estate Planning for Pennsylvania on
Q: How to authorize power of attorney ,Wife's mother just put in nursing home care Wife is named in will as POA

My wife was second in the Power of attorney ,if her brother could not perform the task ,He passed away 12/31/2020 will was written about 8 months prior. She needs to sell the house and put it in trust for her mother to be used to pay for nursing home care, because of her brothers death she is also... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 1, 2022

A certified copy of the brother's death Certificate should do the trick.

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2 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: Grantor needs to transfer her home into her living trust in PA. Should she use a quit-claim or a special-warranty deed?

She still has a mortgage.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 28, 2022

Either form of deed will serve the purpose.

Warranties, in a deed or any other document, assure the person to whom the warranty is given, and if breached, that person may be entitled to the grantor for the breach.

Inasmuch as the grantor's own living trust will be the grantee,...
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3 Answers | Asked in Bankruptcy for Virginia on
Q: Where does the money go in a chapter 13 that creditors do not get but you listed them when you started it says they

Get 0.00$ but you have still been paying that every month where does that money go it was calculated up when you first start

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 22, 2022

The model Ch. 13 plan provides that creditors must file a Proof of Claim to receive distributions under a confirmed plan, and even where the model plan is not used, the Ch. 13 trustees as a matter of rule/policy only make distributions to creditors which have filed a Proof of Claim.

Other...
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3 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: My father passed away in October 2021, what would be accepted on how to calculate inheritance tax on the house?

Yes, my sister and I plan on keeping the house for the foreseeable future. How would I go about getting this data, county assessed value and common level ratio, to compute what we owe in tax?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 7, 2022

I agree with the preceding answer, but there's another factor to consider: the valuation for estate tax purposes (where the appreciation in value is taxed at 4.5%) becomes the "stepped-up" basis for future income tax/capital gains purposes. The estate tax 4.5% is a way better rate... Read more »

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2 Answers | Asked in Real Estate Law and Probate for Pennsylvania on
Q: At what point during probate process can deceased persons name be removed from deed for joint-owned property

The deceased did not have a will and died four years ago but the estate was just opened in January.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 1, 2022

Record a certified copy of the decedent with the Registrar of Deeds in the county in which the property is located, and any subsequent title search will show the property as owned by the surviving joint tenant.

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