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Questions Answered by W. J. Winterstein Jr.
2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: My parents own a house with a bankruptcy attached to it.They miss a payment can their house foreclose even with covid19?

They live in PA.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 26, 2020

If your parents are currently in a pending (not yet closed) bankruptcy case, none of their creditors can proceed against them, or their estates, without first procuring relief from the automatic stay in bankruptcy.

If your parents are in a Chapter 7 bankruptcy and have defaulted in mortgage...
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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: We are in bankruptcy. My husband just lost his job what should we do
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 18, 2020

If you are in a Chapter 7 bankruptcy, there is nothing more you need to do, other than complete the second credit management course and file the Certificate of completion with the court.

If you are a Chapter 13 case, and you are required to make plan payments to the Chapter 13 trustee,...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I had an LLC from 2011 I have no assets under that LLC and it's void

I'm going to be declaring Chapter 7 bankruptcy what will happen to that old LLC

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 25, 2020

You again?!! Lol

The ownership interest (your shares of stock, etc.) in the LLC will become property of the bankruptcy estate, over which the bankruptcy trustee has possession and control. If there is no value in the LLC that can be sold/turned into money, the trustee will abandon that...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I have been LLC that is not in good standing

and I'm going to be declaring Chapter 7 bankruptcy will this effect of my bankruptcy

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 25, 2020

The simple answer is that all of your assets, including your shares of stock/ownership interest in the LLC, will become assets of the bankruptcy "estate" which is created when you file for bankruptcy relief. The Chapter 7 Trustee then "steps into your shoes" with respect to those assets, and... Read more »

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: 5 years later, lawyer wants us to pay to reopen Chapter 13 bankruptcy to get discharge that we thought was finished?

We had followed the lawyers instructions to the letter and thought everything was finalized 5 years ago. Just found out Discharge never happened. Now lawyer says we need to pay court fee to reopen to file for discharge and he won't charge lawyer fee so long as he doesn't have to attend any... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 18, 2020

It is considered "best practice" for debtor's counsel to keep every client, including bankruptcy debtors, apprised of developments or needed filings in a case.

If you filed your bankruptcy case 5 years ago, and it is a Chapter 13 case, then you may be permitted to reopen the case to get...
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1 Answer | Asked in Foreclosure for Pennsylvania on
Q: PA - reverse mortgage, last lender died. Heir and Executor - how can I save house?

I'm sole heir by will, last lender died (my mother). Fiancee and I have been living with her as caretakers (she had alzheimers) and currently reside in the home as our residence, with nowhere else to go. Possible at ALL to save the home? Have a student loan and make maybe 16,000 or so a year -... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 14, 2020

I assume you mean that your mother was the borrower on the Note and Mortgage, that either her will named you as sole heir to the house, or if no will, that you are an only child.

Yes, it is possible to save the house, but more of your financial facts are needed, as well as a real appraisal...
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1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: In Phila, Can a homeowner whose home is being auctioned due to a tax lien, legally sell their home During this process

This is specifically for the Philadelphia sheriff sales, tax liens as opposed to mortgage foreclosures. Can the homeowner sell the property before it goes to the auction.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 8, 2020

Your legal obligation is the standard real estate sales contract is to deliver clear title (free of liens, encumbrances, and title defects) at the closing/settlement of the sale. The taxes will be paid by the escrow agent at time of settlement, so that the property is delivered to buyer free of... Read more »

1 Answer | Asked in Foreclosure and Civil Litigation for Pennsylvania on
Q: My Mom was served a civil action mortgage foreclosure on her dead son’s home. He was single/no kids. Must she respond?

She has no money, is on disability, and lives check to check. My step dad and little brother were also named in the paperwork. What should we do! They have no interest in the home and wouldn’t qualify to finance anything.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 13, 2020

All states have "intestacy statutes", determining how a decedent's property will be distributed, and to whom. You don't say where the property is located, which would determine which state's law would be applicable, as to that property. The foreclosing creditor most probably researched the... Read more »

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: Do I have to appear in court as a legal heir on a foreclosure if I don't want the house? Do I even need to respond.

The house in in Chicago, IL and I live in Philadelphia, PA if that matters.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 8, 2020

If you do nothing, the court will enter a judgment by default against you and any interest you may have in the property to be foreclosed. In PA, DE and several other states, a foreclosure is an "in rem" proceeding, limited to foreclosure and sale of the property, and does not initially determine... Read more »

3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Question about automatic stay protection and filing in the last year

I filed for Chapter 13 last year, but did not complete the petition. It was dismissed more than 365 days ago. But the filing was in 2018. If I file again, will the automatic stay apply? The last petition was dismissed in May 2018 and we would be filing again November 2019. I am planning to... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Nov 15, 2019

An automatic stay will kick in when you file a second bankruptcy, but will only last 30 days from the date you file the new petition. Within that thirty days, you can file a motion to extend the stay for the duration of your case, which of course you should do. That motion must identify the... Read more »

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: How do I find my bankruptcy record? Is it available on line?

I am trying to find the list of items that were discharged by the bankruptcy.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 31, 2019

Use pacer.com. You can sign up for free, then go to Bankruptcydata.com, click on "free resources", and find the court district where you filed. Once at your districts electronic filing site, use your Bankruptcy Case No., or your social security number, to search under "Query", or find your docket... Read more »

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I have to file for bankruptcy. Where do I start?

My husband passed away 4 months ago. I have high credit card debt and not enough income to make payments.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 15, 2019

If you choose to file for bankruptcy relief without a lawyer, here are the forms you will need to fill out and file-

https://www.uscourts.gov/forms/bankruptcy-forms.

You must first decide whether to file a Chapter 7 or Chapter 13 case. There are income limitations for Ch. 7...
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2 Answers | Asked in Foreclosure for Pennsylvania on
Q: Hello,Our home is to be sold at Sheriff sale on 12/13/2019. Both our names are on the note and the deed.

I moved out 3 years ago and my ex still lives in the house. I refuse to sign any type of Short, Quick sale, agreements, remodafcation mortgage papers etc, before the 12/13/2019 deadline. does she have any type of recourse to go ahead and sign said papers on my behalf without my knowledge?... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 28, 2019

To answer your very specific question-

No, you cannot be coerced by a foreclosure court or probably any other judge to sign off on any of the types of consensual agreements that you list. Probably the more important question is about what you hope to accomplish by your refusals....
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1 Answer | Asked in Foreclosure for Pennsylvania on
Q: Home is in foreclosure and just received a refund check for cancelled home owners insurance policy. Can I cash this?

Sheriff sale to be held in October, but lender is entering into a short sale agreement in the next 3 weeks.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 31, 2019

Risk of loss follows title to the real estate. You do not say whether the foreclosure sale has been held, or whether the sheriff's deed has been issued to the successful bidder. Nor do you say who caused the cancellation of the home owners insurance. But, "can" you cash the refund check? Yes.... Read more »

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: Pennsylvania how long after sheriff sale does original owner have to move possessions

Foreclosure at sheriff sale but deed isn't acknowledge at recorder of deeds

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 11, 2019

Normally, it takes about 3 days for the Sheriff to deliver the deed and the Registrar to record it. The timing of when current occupants need to leave is largely up to the buyer at the sheriff's sale. He/she can file an ejectment action when he becomes record owner. Those ejectment actions... Read more »

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: I am being sued in regards to my mother's former home which had a reverse mortgage.

My mother passed away Dec. 2018. She had a reverse mortgage on her home. According to her will, I am ineligible to purchase her home, that option was only given to one of my brothers. What, if any is my legal responsibility, and what can I do to remove myself from the lawsuit?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 5, 2019

Inasmuch as it appears that there is no remaining equity in the property, and the property is in foreclosure so that the entire remaining balance of the debt is now due and payable, you can extract yourself from the foreclosure suit (assuming you did not sign any note or guaranty of the mortgage... Read more »

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I get extreme anxiety. I may need to file bankruptcy though. Is there any help for someone in my case?

I get extreme anxiety. It gets so bad that i get sick. I may need to file bankruptcy though. Is there any help for someone in my case where-for the majority of the conversations can be done via email?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jun 13, 2019

There would need to be at least one initial face-to-face meeting, just lawyer and client (this is my personal requirement, not a requirement of law). The remainder of our communications can be by email if you can scan documents and send to me, and then if you can p;rint and sign documents.... Read more »

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4 Answers | Asked in Bankruptcy for Pennsylvania on
Q: If a debt is included in chapter 13 bankruptcy, can it be sold to a collection agency
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 5, 2019

Yes, and it happens frequently. There are companies out there whose business is to handle/service accounts of others that are deemed "bad", or "uncollectible", etc. Transfers of claims are specifically authorized by the Bankruptcy Code, and also occur in Chapter 7, 11 and 12 cases.

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I filed chapter 13 in 2012. it was converted to chapter 7 in 2014. I have financial issues again and am exploring option

My expenses exceed income. I am looking at both chapter 13 and chapter 7 options. Did the clock start when i filed for the chapter 13 in 2012 or the conversion date to chapter 7 in 2014? At what time am I able to consider chap 13 or 7? My minimum payments are current but only because I am taking... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 18, 2019

Interesting question.

Section 727 of the Bankruptcy Code provides--

(a)  The court shall grant the debtor a discharge, unless--

(8)  the debtor has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the...
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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: i loaned a friend? $5,000 so he could bye a vehicle. he filed for bankruptsy and now says he no longer owes me

the money and there is no way for me to get my money back from him. is this true?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 12, 2019

Unless you took a security interest in the debtor's real or personal property at the time you advanced the money, and "perfected" your lien by filing in the designated places (Registrar of deeds in county where real property is located, or Sec. of State of PA and/or county for UCC-1 filings), then... Read more »

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