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Questions Answered by W. J. Winterstein Jr.
2 Answers | Asked in Bankruptcy for Ohio on
Q: Can I pause my installment agreement to pay for my chapter 13 bankruptcy
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 23, 2024

An "installment agreement" for what? Youe house, a car, a debt consolidation program?

There are various ways to pay for a Ch. 13 bankruptcy, but to answer your question reliably, a practitioner will need your fully detailed financial situation.

Confer with an experienced...
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3 Answers | Asked in Bankruptcy for North Carolina on
Q: My husband died. I can't afford the home, boat and camper that is in our names. How do I liquidate? File bankruptcy?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 15, 2024

Filing for bankruptcy relief is a serious matter, determined by consideration of all your assets and debt, and your income and future plans.

In PA, you can put house, camper and boat solely in your name by filing a Certificate of Death, way cheaper than filing for bankruptcy. Once in your...
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2 Answers | Asked in Bankruptcy for Louisiana on
Q: If my Chapter 13 payment increases, where does that extra money go if I have a set amount to pay off in 5 years?

My debt owed was $30,000. I got put in a 5 year plan at $500 a month. So if my payment were to go up, that means the amount I paid in total would be over the $30,000 I was set to originally pay. My lawyer never could answer that for me. I was also told it couldn’t be paid off early.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 13, 2024

YOU, as a Ch. 13 debtor, propose a Plan. So you didn't "get put into" any Plan.

If your Plan deals with secured creditors with perfected liens on property you retain, "extra" money may pay accruing interest on those claims.

And "extra" money may...
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2 Answers | Asked in Bankruptcy for Florida on
Q: Can lawsuit compensation be used to pay off bankruptcy debt?

My elderly father passed away in a nursing home due to neglect. I filed a lawsuit against the nursing home. It is still pending, and could take up to two years to resolve. If I file for bankruptcy now and win the lawsuit in a year or two. and receive compensation, would I be required to pay off the... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 27, 2024

The Official Bankruptcy Forms you are required to file whether you choose a Chapter 7 or 13 case require you to disclose your lawsuit and put an estimated value on it.

The suit will be treated as an asset of the bankruptcy estate and the bankruptcy trustee may become a replacement plaintiff...
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2 Answers | Asked in Bankruptcy and Collections for Ohio on
Q: Can a creditor garnish my SSI/bank account if that is my only income?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 23, 2024

A creditor may issue a garnishment to your depositary institution, which puts a (bank) hold on your account, but it is on you to file a prompt Objection (in PA, your Objection is filed with the issuing Sheriff, and must be filed in ten days from date of garnishment summons). And your bank... View More

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1 Answer | Asked in Civil Litigation and Collections for Pennsylvania on
Q: I have a default judgement against a company in Phila. Pa. The judgement was in Alabama how hard is it to collect

Default judgment for approx 5400.00 issued in Alabama for a company in Pennsylvania

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 21, 2024

All but a couple States have reciprocity with PA pursuant to the Uniform Enforcement of Foreign Judgments Act. (Another US State is deemed "foreign".)

Assuming your default judgment complied with the statutory procedure in Alabama, you can register your judgment in PA, serve your...
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3 Answers | Asked in Bankruptcy, Child Support and Family Law for Alaska on
Q: Can an adversary action be filed during chapter 7 bankruptcy to discharge child support arrears? All kids 19 and over.

Its all back support and compounded interest. My youngest is 19 or 20. The mother of children did not live with the kids, they lived with there grandparents who are deceased now.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 11, 2024

In this rare instance, I disagree with my colleague.

Many bankruptcy courts have held that support obligations are exclusively the province of the State domestic relations court and consequently decline to exercise jurisdiction over support payments.

Moreover, it is often held...
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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Do you have to wait one year to settle estate even if the department of revenue has approved the inheritance tax return.

The Estate was advertised in May and I am the Executor and I absolutely know my father does not owe any money to any creditors. He never charged anything. Everything was paid in full with cash and I have paid everything that was due. Ok

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 11, 2024

Pursuant to PA law, the opening of an Estate must be published in a newspaper of general circulation in the county in which the probate is pending. Creditors of the deceased or estate have one year from date of first publication to file a claim for payment. If the executrix distributes Estate... View More

3 Answers | Asked in Bankruptcy for Maryland on
Q: Hello, I'm considering bankruptcy and I'd like a consultation about my financial situation. -Melanie
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 5, 2024

Law school students and recent law school grads, are primarily trained to look backward, about known facts, to spot and resolve legal issues; the more experienced lawyers certainly do that, but their more valuable skills are to assist a client to plan future behavior and events.

Moreover,...
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3 Answers | Asked in Bankruptcy for California on
Q: My credit card debt cuts into the food budget. How do I know if I should join a consolidation program or file bankruptcy

My credit debt payments are cutting into the food budget and rent just went up again. I have not missed a single credit card payment. My total debt is $23,232.54 and my monthly income is between $2500 to $2900. I currently hold 2 part time, minimum wage jobs and am enrolled as a full time student... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 3, 2024

I've had scores of bankruptcy clients who have voiced deep regrets about debt consolidation groups.

Only a federal bankruptcy court, not any state court and certainly no debt consolidation group can provide a legal discharge of debt.

And with certain limited exceptions, no...
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3 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: My house is in pre-foreclosure. What are our options?

We got a second mortgage from Specialized Loan Servicing (SLS) in 11/2006. Now our house is in pre-foreclosure by a company called Real Time Resolutions (RTR).

In 2011, my wife and I filed bankruptcy (Ch 7). After our bankruptcy, we thought that debt was discharged. We never received any... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 30, 2024

With certain exceptions under the Bankruptcy Code, which must be initiated by the debtor, perfected liens against your residence are not discharged.

You either should have known that much or asked your bankruptcy attorney in 2011 while your case was open.

Assignments of Mortgage...
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1 Answer | Asked in Family Law and Probate for Pennsylvania on
Q: Hi there! I’m seeking an attorney to change a deed Who in Reading specializes in deeds.?

There’s a deed owned by 2 brothers in Reading, and one is deceased. The heir wants to put his name in place of his fathers.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 24, 2024

If the current two-brother deed is held as joint tenants with right of survivorship, the filing of a Certificate of Death of one brother with Registrar of Deeds should give surviving brother a clean (and insurable) right to the whole of the property. At that point, the sole owner (surviving... View More

3 Answers | Asked in Bankruptcy and Real Estate Law for Iowa on
Q: My husband and I filed bankruptcy (Ch 7) in 2018. Prior to this filing, there were two judgments filed with the court.

The debts that were connected to the judgments were taken care of in the bankruptcy, and we heard nothing else about them, so we made the assumption that they were resolved. We are in the process of refinancing our home (it is currently on contract, and we are working with our bank to refinance it... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 23, 2024

There are some limited ways to attack/remove liens in bankruptcy, but your post indicates that you did not do that (it is possible to reopen a bankruptcy to afford relief to a debtor).

Otherwise, a bankruptcy discharge does not remove a perfected lien, and in most jurisdictions. a judgment...
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2 Answers | Asked in Bankruptcy for Texas on
Q: Credit union took $2k from new acct for bankruptcy discharged in 2001. Told no reason I couldn't rejoin then they did it
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 15, 2024

By federal law, further explained in Federal Regulations, a federally created credit union enjoys a lien upon all time and demand deposits of any member to secure any credit union loan to that member. The required disclosure to each member is in the pre-printed materials given to each new member... View More

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2 Answers | Asked in Bankruptcy, Divorce, Foreclosure and Real Estate Law for Alabama on
Q: do i have to notify my ex-wife of a foreclosure notice i received for her house?

i got a divorce in 2015. my ex-wife got the house and land, she was to keep up all payments; taxes and insurance. i filed; individually; for ch.7 bankruptcy and it was discharged in 2019; including the mortgage.the mortgage company was given the discharge order. the property is in Alabama, and i... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 12, 2024

While a State divorce court can award property to just one spouse, it has no p0wer to remove the other signer of a Note and Mortgage.

Nor does a bankruptcy court, as perfected liens generally remain against a bankrupt's property. But the bankruptcy Discharge will block any...
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3 Answers | Asked in Bankruptcy for Utah on
Q: Will I lose my car in chapter seven?

I'm 20 and filing for bankruptcy. I am 3 months behind on a car payment. I plan to catch up. My car is worth about 2700. Will I lose it because I'm behind?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 7, 2024

Filing for bankruptcy relief (generally, you are entitled to a Discharge in eight years) is a pretty serious step, and must be based upon all your present circumstances together with your future expectations.

And the cost of even the simplest bankruptcy will be close to the current value of...
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2 Answers | Asked in Estate Planning, Banking and Probate for Pennsylvania on
Q: My name is on my mothers account, with hers. She has passed. How should I handle the account till dispersed

Her name is still on the checking account. This is the only asset. Dispersing monies in Dec after Medicare has had time to review her account and try for reimbursement. Can her name stay on the account, or does it need to be an Estate account so that I do not get taxed on it. If it is an Estate... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 7, 2024

To do the things you want (you do not state the amount involved), you can initiate a probate (to pay estate bills, and PA tax on distributions to you is five percent) if there was a Will, or an Administration if there was no Will.

I've represented financial institutions for decades,...
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1 Answer | Asked in Estate Planning for Pennsylvania on
Q: My counsel met with opposing attorney & judge in chambers & agreed to something I disagree with. Do I have to accept it?

I wasn't there at the time they met. I arrived after everything was over. I was never consulted. I am opposed to what was agreed to. What are my options?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 5, 2024

Your lawyer is only your representative, and cannot bind you to anything with which you do not agree.

Get a full explanation of what happened, and after that, explain your position. If counsel balks at your position, you have an absolute right to terminate that attorney and engage another...
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2 Answers | Asked in Bankruptcy for Rhode Island on
Q: Auto loan from credit union was sold to a lawyer. They are trying to garnish wages. Will bankruptcy clear this debt off

Auto loan is from 2007/2008 Pawtucket credit union. I live in Rhode Island. Also might have another judgment from a car accident when I had no insurance of my own & was technically at fault. Need to know if both of these will come off with bankruptcy or if I will still be obligated to pay them

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 2, 2024

Validly perfected liens on a debtor's property generally withstand any bankruptcy relief. Note that auto liens are afforded some special rights. The attempted garnishment, however, is a separate matter, and most probably stayed by a bankruptcy filing.

Personal injuries to another...
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1 Answer | Asked in Estate Planning, Family Law, Business Law and Probate for Pennsylvania on
Q: My mother passed in July and I wasn't informed by family members.

I asked for estate planning lawyer and legal records and all I got was a painting dropped off in a war zone. What are my options? She owned assets, including house and car; they kept everything a secret and I'm disabled wit SSDI and constantly threatened by their friends.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 2, 2024

If there was a Will, it probably should be submitted to the probate court (you don't mention a Will, or whether the property was in your mom's name alone, or some other way).

If probated, the personal representative named in it would probably be appointed by the Court....
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