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Questions Answered by W. J. Winterstein Jr.
4 Answers | Asked in Bankruptcy, Personal Injury and Car Accidents for New Hampshire on
Q: If I lose a personal injury lawsuit from a car accident, can I file bankruptcy after the trial to wipe it out?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 13, 2021

The exceptions to discharge are listed in Section 523 of the Bankruptcy Code.

Subsection 523(a) excepts debts incurred for-

"6) for willful and malicious injury by the debtor to another entity or to the property of another entity";

"(9) for death or personal...
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1 Answer | Asked in Bankruptcy for Connecticut on
Q: Which type of bankruptcy would you recommend if I want to keep my home? Thank you!

I am now being sued by 2 companies. I would like to file for bankruptcy but not include my home.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 13, 2021

When you file for bankruptcy relief, no matter which chapter, you must list ALL of your assets, under penalty of perjury. In other words, you must "include" your home, and all other assets, by identifying it on the sworn Schedules you must file.

Ch. 13 was designed, and is most...
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1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: In PA, if a home is sold at auction that had a reverse mortgage previously, will the new owner get a clear title?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 8, 2021

If your auction was a sheriff's sale pursuant to a foreclosure judgment, the successful bidder at the sheriff's sale gets title free and clear of the mortgage debt that was the basis for the foreclosure, and all liens and charges that are junior to the foreclosed lien indebtedness. Most... Read more »

2 Answers | Asked in Bankruptcy for Florida on
Q: Hi, I am filing for ch 7 bankruptcy in Fl. My spouse is not. His paychecks go into his own checking account, do I list

His bank account because he is my only source of income?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 8, 2021

No. His income is not your income. Let the Ch. 7 Trustee ask about your support at the 341 meeting.

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2 Answers | Asked in Tax Law and Probate for Pennsylvania on
Q: Pa inheritance tax method? Mom died. the 100 acre farm(Pa) in clean and green will be sold outside of family.

One person said to use C & G assessment value instead of fair market value to compute inheritance tax. True?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 8, 2021

PA inheritance tax on bequests to child/children is five percent. When that is paid, the property enjoys a "stepped up basis", so that on a subsequent sale of the property, any capital gain is computed as the difference between the stepped up basis and the sale price, both for PA and... Read more »

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2 Answers | Asked in Bankruptcy and Real Estate Law for Virginia on
Q: I filed for bankruptcy in TN in 2012 in TN. We bought a house in 2017 (in VA) with only my husband name on the deed.

I want to add my name on the deed now. Will my old collectors be able to put a lien on my house now? How do I know for sure that all the debts were wiped completely off with the bankruptcy?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 7, 2021

If you listed all your "old collectors"/creditors names and addresses on your prior bankruptcy schedules filed with the court, and the bankruptcy court has entered its Order of general discharge, then you're good/safe, and if any of your old discharged unsecured creditors attempt in... Read more »

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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: If house is left to 3 siblings , do all siblings have to sign for the sale of the house ?

My understanding of Will is I own 1/3 . Will siblings need my signature to sell house ?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 2, 2021

The simple answer is- yes. Your siblings cannot sell/transfer your interest in the real estate if you are a record owner of it. However, if the property is held in a pending probate case, the executor/administrator may have a power to sell the property, subject to notice to all heirs at law and... Read more »

3 Answers | Asked in Bankruptcy for Florida on
Q: I HAD A FRANCHISE AND I HAD TO CLOSE DUE TO 0 BUSSINESS, WHAT ARE MY OPTIONS WITH FRANCHISE AND BANKRUPTCY
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 28, 2021

I litigated this issue about a car dealership a few years ago.

Chrysler sent their ace litigator out of Kansas City to try the hearings in Philadelphia, trying to cancel the franchise. The judge let our debtor keep the franchise and sell it for $400K to a new franchisee....
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1 Answer | Asked in Bankruptcy for Michigan on
Q: Car was repoed. I filed chapter 13 bankruptcy. How soon will I have a case? Also when can I get the car back

After filing will I get the car back?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 24, 2021

One provision of the Bankruptcy Code requires anyone in possession of "property of the estate" to promptly turn over whatever is held to the estate, i.e., to the debtor.

Another provision of the Code requires the debtor to provide "adequate protection" to the holder of a...
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4 Answers | Asked in Bankruptcy for New Jersey on
Q: My sister just lost her husband to COVID. Her husband left her with $100,000 in credit card debt.

They own a home with a mortgage of about $300,000. He owns another home with a mortgage of about 150,000. She’s not working, she’s a retired nurse. Can she claim bankruptcy?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 24, 2021

Section 109 of the Bankruptcy Code deals with who may be eligible to file bankruptcy under each Chapter, e.g., Ch. 7 or Ch.. 13. There is an income ceiling (from all sources) for filing a Ch. 7 (e.g., the median income for NJ for a household of 1). To be eligible for a Ch. 13, a "periodic... Read more »

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2 Answers | Asked in Bankruptcy for New Hampshire on
Q: We filed chapter 7 bankruptcy on 2/23/2021. We have 4 kids and got the 3rd stimulus. Can trustee take our stimulus?

since we filed before stimulus was approved is there a way to protect the money from being taken. My husband is going back and forth from working and being laid off as he's a union construction worker. he just got laid off again today. our trustee meeting is Tuesday. this money would help keep... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 19, 2021

When you file a Ch. 7 bankruptcy case, a "curtain" drops on that date, and your bankruptcy "estate" includes whatever property (less your exempt property) you have on that date, and same end date applies to your debts. Income earned and assets acquired after your filing date... Read more »

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3 Answers | Asked in Bankruptcy for Arkansas on
Q: I already pay 100% in my Chapter 13 bankruptcy. If I make more money at my job, then when I filed will my payment go up
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 16, 2021

When you filed your Ch. 13 bankruptcy case, you also filed a proposed Plan. If the court has confirmed that Plan, then the amount of money you must pay to the Trustee is whatever your Plan specifies. Assuming that your Plan specifies the amount as a fixed dollar amount each month. anything more... Read more »

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: I'm in Chapter 13 Bankruptcy, Tennessee. Just wondering if I have to turn my third stimulus payment over to the trustee

Knoxville area little town called maryville

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 14, 2021

If you have a confirmed plan, just do what the plan says about what part of your income needs to be paid to the Ch. 13 Trustee. If your plan is not yet confirmed, you should still be able to keep your stimulus payment.

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2 Answers | Asked in Bankruptcy for Missouri on
Q: Do you have to claim federal stimulus checks when filing bankruptcy?

Planning on filing chapter 7. I’m on social security disability and so is my husband.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 5, 2021

When completing your bankruptcy Schedules, you need to state, under penalty of perjury, all income from all sources in the six months preceding your bankruptcy filing. You may be able to claim an exemption for the next stimulus payment currently pending. Talk to your bankruptcy lawyer about... Read more »

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2 Answers | Asked in Bankruptcy for Louisiana on
Q: Filing chapter 7 in Louisiana. I’m filing by myself not with my spouse. Everything we have is separate.

Will they ask for his bank statements being that he is not filing. He’s receiving unemployment. They did ask for pay stubs showing he received unemployment, but my question is being that he’s not filing do they normally request a non filing spouses bank statements?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 3, 2021

When one individual in a household seeks bankruptcy relief, the income of other household members is of interest to the Ch. 7 Trustee, because of the "means test", which determines eligibility to be a Ch. 7 debtor (compared to a Ch. 13 debtor). The presumption is the nonbankrupt... Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: will my chapter 13 discharged, if i didn't send the trustee my tax refunds?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 28, 2021

That depends upon the wording of your confirmed Plan. If the plan required you to pay your tax refunds to the Trustee, then you will be in default of your plan payments, and no discharge will be entered until all plan payments have been made. If your plan does not specify that your tax refunds... Read more »

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2 Answers | Asked in Consumer Law, Contracts and Collections for Pennsylvania on
Q: Which statute of limitations applies to my debt?

I live in Pennsylvania. I believe PA follows whichever statute of limitations is shortest, is this true?

The personal loan was obtained from Best Egg, which is based in Delaware. But, the Original Creditor is listed as Cross River Bank (Marlette Funding, LLC). Cross River Bank is based in... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 28, 2021

it is often said by the courts that "the debt follows the debtor". in other words, to sue on the debt, a creditor must sue in the jurisdiction where the debtor can be found and served with process.

The PA statute of limitations is located in PA Statutes, ch. 55, Sec. 5525. I...
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3 Answers | Asked in Bankruptcy, Small Claims and Banking for Tennessee on
Q: what happens if i don’t pay off my collection/charge off debt?

there’s 3 different charges, one going back 3 years. i heard that they go away after “7 years off being on your credit report.”

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 27, 2021

Broad question- "what happens to whom?"

A financial institution's "charge-off" is an internal accounting and regulatory function; a charge-off by your lender in no way affects or reduces your legal obligation to repay the debt.

The length of time an...
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3 Answers | Asked in Bankruptcy for Washington on
Q: Will chapter 7 eliminate a civil judgment? What about others listed on the judgment not filing?

Husband and I are filing chapter 7 to discharge a civil judgment. However our son is also on the judgment, will they come after him after we file?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 20, 2021

In a Ch. 7, the automatic stay, and the permanent injunction included in the final Discharge, only protects the debtors who file the bankruptcy case. Assuming that the civil judgment is not for a non-dischargeable kind of debt (e.g., fraud, willful destruction, and specified kinds of personal... Read more »

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3 Answers | Asked in Bankruptcy for Oregon on
Q: My partner and I are both on the house mortgage. Will I be able to file for chpt. 7 or 13? will it affect the mortgage
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 15, 2021

A bankruptcy filing will certainly affect your mortgage debt, but if you are current in the payments, the mortgage lender may be happy to just continue to receive the monthly payments if you file a Ch. 7. Check your note and mortgage, because it may provide that the filing of a bankruptcy... Read more »

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