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Questions Answered by W. J. Winterstein Jr.
2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: Hi my fiance passed away with no will in 2018. His mother and I want to resume the mortgage. We haven't paid on it in 2

Years. And I executer relieved foreclosure papers today. If we want the house to be in both of our names what do I have to pay in taxes and is it split considering his mom is heir? What are the taxes based off of? What assessment does it come out of if none has been done since 13

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 29, 2022

I agree with the prior answer, as far as it goes.

I've been representing both financial institutions and debtors who owe money to them and others for the last few decades. Lenders want a "performing asset" (for a lender, an asset is a loan on its books, and performing means...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on
Q: What happens if 2 siblings who inherit a parent's home, cannot agree on what happens to the house during probate?

Here are the details. Sister and I inherited house from father (no mortgage or liens), no will, we started probate, we payed the inheritance tax, we got a new deed created with both our names on it, and we agreed that we both were going to continue living in the house for the next year or 2, but we... Read more »

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

If that "new deed" to both of you has been executed and recorded, then the property is no longer part of the probate estate.

If the two of you are unable to come to some agreement about what to do with the property, either one of you can file a partition action in court, that...
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2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: PA LAW: Can proper service of a valid Act 91 Notice be deemed if it is not sent to the Last Known Address?

35 Pa. Stat. § 1680.403c(a) “Any mortgagee who desires to foreclose upon a mortgage shall send to such mortgagor at this or her last known address the notice provided in subsection”

12 Pa. Code § 31.203(a)(6)(i) "The notice shall be sent to the last known address of all... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 20, 2022

Every Mortgage doc I've ever read deals with "Notices", and every one says that sending a notice to the mortgaged property is sufficient for all purposes.

That said, lots of Mortgages also speak to the borrower's power to change the "notice address". That...
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2 Answers | Asked in Bankruptcy and Family Law for North Carolina on
Q: If I am ordered responsible for 50% of marital debt during a divorce, can I file bankruptcy if debt not in my name?

All debt in my wife’s name and we are divorcing. If I am responsible for 50% of marital debt and she is filing bankruptcy, how do I file for my half of the debt if it’s not in my name?

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

I had this issue in a case in Oklahoma, involving a Colorado bankruptcy, and a Florida divorce.

Your divorce decree/property settlement agreement most probably allocates responsibility for the marital debts, and that is what includes you as a responsible party to the debt. But your...
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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: My new husband has been in a chapter 13 bankruptcy for 4 years with 1 year left. We just got married. His attorney

wants copies of my pay stubs. I said “no” I have nothing to do with this. This was before we were married. Can the court subpoena my pay stubs? I have no official court order demanding that I provide my pay stubs. Can I refuse since I have nothing to do with his bankruptcy?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 15, 2022

I'm in the Eastern District of PA, and our two Ch. 13 Trustees, once a plan has been confirmed, require nothing further from the debtors (unless the debtor initiates, e.g., a modification of a confirmed plan due to reduction of income). I have not recently dealt with this issue in the Middle... Read more »

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2 Answers | Asked in Bankruptcy and Collections for North Carolina on
Q: I executed a new deed adding my wife in NC last year creating TBE. She is now being sued by Discover. Is the house safe?

The debt is only in her name.

Also,, She gets a paper check and has no bank account. I cash the check for her through my bank. We have very little equity in a jointly owned car. My major concern is the house but I think she is practically, "judgement proof."am I wrong? Thanks

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 15, 2022

North Carolina has long recognized the common law creation and enforcement of the tenancy by entirety concept. Here's a good UNC law review article tracing its history.... Read more »

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2 Answers | Asked in Bankruptcy for New Hampshire on
Q: What will happened to my house if I claim bankruptcy? House payment are good. High credit card debt.
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 11, 2022

That depends largely on the value of the equity value remaining after the Mortgage debt(s) or liens (including taxes) that are against it. The federal exemptions allow you an exemption in that equity value of approx. $25,000. The value of the total is also usually reduced by about ten percent of... Read more »

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2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Copyright for California on
Q: hey I have this assignment for a criminal law philosophy class I'm taking, I need help brainstorming

I can think of a few laws that fall under this idea, but none that are intriguing enough to write a paper about. Any ideas of a law that we regularly abide by even though it doesn't directly align with personal values?

"We have respect for the law, as an institution, even though... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 2, 2022

Not sure this meets your "regularly abide by" criterion, but, I practiced in Oklahoma City for 15 years, and there was a criminal law on the books sanctioning the "Abominable Crime Against Nature" (originally passed, it is surmised, to outlaw anything that gay people might do... Read more »

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1 Answer | Asked in Bankruptcy for Arizona on
Q: When you put name only for creditor on master list is that account dischargeable Chapter 7 proper

A utility company says my spouse account is dischargeable bc I put his name but I listed that creditor twice bc I didn't have my account #

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 2, 2022

The reason why the Bankruptcy Code requires you to provide a list of claims and creditors' names and addresses is so that all your creditors can be notified of the filing of your bankruptcy case and file a proof of claim, and to receive any distribution that might be available. But the... Read more »

1 Answer | Asked in Bankruptcy and Real Estate Law for Missouri on
Q: I am buying house from private party due to health reasons have to file bankruptcy can home owner refuse to honor origin

al contract.

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

You don't give enough facts to allow good advice.

If your purchase contract is in writing, and is a longer term installment contract, you should be able to affirm it as an "executory contract" once you file for bankruptcy relief, and that's even more so if you are...
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3 Answers | Asked in Divorce, Foreclosure and Bankruptcy for Louisiana on
Q: My home is in foreclosure and up for sheriff sale soon. My ex and I recently divorced with no property settlement and

He lives in the home. We are both listed on the deed to the home but I am on the mortgage alone. If he files chapter 13 bankruptcy and includes the home, would this stop the upcoming sale and foreclosure? If Ch. 13 temporarily stops the sale, what are the steps he should then take to keep the... Read more »

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

When a Ch. 13 case is filed, there is both an immediate automatic stay prohibiting creditors to proceed against the debtor and/or his assets, and importantly, there is also an automatic "co-debtor stay" to prohibit creditor actions against other non-bankrupts who are jointly liable with... Read more »

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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Can you use buy now pay later like afterpay during chapter 7
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 18, 2022

The Bankruptcy Code requires that you obtain authority from the Court to incur credit during a pending bankruptcy proceeding.

in addition, most potential creditors will not extend credit while your case is pending, and prior to entry of a Discharge (almost all will check your credit online,...
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2 Answers | Asked in Estate Planning for Pennsylvania on
Q: If I am listed on a relative’s bank account and I and that relative are PA residents, if I die what happens?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 5, 2022

If by "listed" you mean that you have signed a Signature Card with the bank, then you currently have the power to write checks/make withdrawals.

However, if you are listed as a "joint, with right of survivorship", and you pass before the other on the account, your...
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2 Answers | Asked in Estate Planning, Family Law and Probate for Pennsylvania on
Q: Who recieves money left in a checking account?

Father-In-Law passed away in December, there is only his wife (my mother-in law) and my wife (his daughter) surviving him. My Wife is the executor. There's no mention to where it goes in will. Only thing the will says is that the house is left to his wife (my mother in law) and that his... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 4, 2022

Under PA law, the appointed executor's duty is to implement the expressed intent of the testator, as expressed in the probated Will.

If an asset of the testator is not disposed or bequeathed by that Will, it is for the Court, not the Executor, to determine the testator's...
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2 Answers | Asked in Bankruptcy and Banking for Arkansas on
Q: Can a bank lawfully withhold the title of my car.if the chapter 13 was dismissed..and the bank wrote the loan off
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 1, 2022

Yes. Until the underlying debt is fully paid, the bank can retain the title.

When a bankruptcy case is dismissed, all debt obligations are treated as if the bankruptcy never happened.

In addition, the grant of a discharge in a bankruptcy case (you didn't get that far)...
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2 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: How do we go about selling a house as remaindermen from a life estate.

My stepmother recently passed away. My father had granted her a life estate for his house, with the remainder interest to be divided between my sister, myself, and my stepmother's daughter. What is the process that we now need to go through to sell the house and divide the proceeds. The lawyer... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 25, 2022

You and your co-heirs need to know what the County record/Registrar of Deeds shows where the real estate is situated. If that record shows the grant from your father to step-mother, remainder to you and heirs, it is probably sufficient to file/record a Certificate of Death of your step-mom.... Read more »

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Can a bankruptcy case Chapter 7 be discharged before the objection date ?

If a bankruptcy case was filed on 5/23/2022 had the meeting 06/23/2022 and objection deadline is Aug 22 2022 does that mean the case can be discharged if no objections come before Aug 22 2022 ? Or do you have to wait until Aug 22nd 2022 to know definitely if you been discharged ?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 21, 2022

It's more realistic to expect your discharge order in 6 months, as the bankruptcy code accommodates the government.

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1 Answer | Asked in Bankruptcy for Texas on
Q: how do I find a closed bankruptcy case? Are bankruptcies public records?

I am looking for information about my later fathers bankruptcy.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 17, 2022

Yes, bankruptcy court records are accessible. Go to pacer.com, and enroll (with user and password). Then go to bankruptcydata.com, click on "free resources", and you'll get a list of the courts in every US federal district. Look for the "docket sheet" in your... Read more »

2 Answers | Asked in Bankruptcy, Business Law and Collections for Maryland on
Q: Small C-corp is bankrupt. Owes <$25k in credit card debt. What are the options for settling the debt?

What happens if the business shutters without notifying the credit card company to whom the money is owed? Does an officer of the company have to appear in bankruptcy court?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 11, 2022

A corporate entity's authority to file a voluntary bankruptcy case may be tested, e.g., the recent NRA filing. Normally, it suffices to file a duly executed corporate resolution showing action by the board of directors, and yes, a corporate officer must appear for at least the 341 meeting... Read more »

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2 Answers | Asked in Bankruptcy and Small Claims for Maryland on
Q: Can I sue a person whose BR case was dismissed w/o prejudice?

I filed a small claim, but my case was put on hold b/c the person filed for BR. However, she did not list me on the creditors matrix. Her case was dismissed w/o prejudice in 2020. Will she be able to refile BR if I reopen my small claim agains her?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 6, 2022

The effect of a dismissal of a bankruptcy case is as if it had never been filed in the first place.

Yes, she'd probably be able to file again ("changed circumstances"), but your small claims case will almost certainly not be the reason why if she does.

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