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Questions Answered by W. J. Winterstein Jr.
2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: what is a wildcard exes in chapter 13 in Pa
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 25, 2024

I mostly agree with my California colleague, except that in PA, we can choose either that PA exemptions, or the Federal exemptions, but NOT both, or a mix of both, and the "wildcard" exemption is a Federal benefit.

In short, it's available to those who do not use it entirely...
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3 Answers | Asked in Bankruptcy for Arkansas on
Q: I’m in a chapter 13 bankruptcy and the deadline for the creditors to file a proof of claim was 10/5/2023 and gov claim

Was 01/23/2024 so today which is 02/23/24 the department of education file a claim a month after the deadline what will happen about this

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

From the facts you provide, it appears that as the Ch. 13 debtor in possession, you/your lawyer can file an Objection to the Proof of Claim. So can the Ch. 13 Trustee, or, alternatively, the 13 Trustee can file a Motion for Authority from the Court to pay Claims, showing the DoE claim as getting... View More

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3 Answers | Asked in Bankruptcy for Washington on
Q: How does a 100% plan work in a chapter 13 bankruptcy?

As a creditor, I was planning to file an objection to discharge in hopes of getting my money back. Now I’ve learned that the debtor is on a 100% plan. Does that mean my money will all be repaid and that I don’t need to worry about my claim being discharged?

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

A Plan that pays off all creditors in full is a one hundred percent Plan.

The advantage to the debtor is that no interest or other charges on any unsecured claims, e.g., credit cards, accrues, and the Plan may be as long as five years.

The disadvantage to the debtor is that for that...
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2 Answers | Asked in Bankruptcy for California on
Q: I am currently in Chapter 13, which was filed 9 months ago. In the past 60 days, I defaulted on my cell phone bill.

I cannot afford to pay my past due balance of $1200 and the carrier has now sent me an email stating that if I don't pay the past due bill that they will refer me over to a debt collector. What are my options here? What will happen with my bankruptcy if this creditor sends me to collections?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 20, 2024

Your confirmed Plan is your first stop- does it read that you will pay, directly, specific debts? If so, and your cell bill is among those, then you have violated your confirmed Plan, and the bankruptcy Trustee my file to convert or dismiss your case. (You don't say whether you are current... View More

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: How long does it take to complete a bankruptcy process? And can one travel outside the country during the process?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 11, 2024

There are different forms/"Chapters" of bankruptcy, e.g., for an individual, primarily a Ch. 7 ("liquidation", other than exempt property) and Ch. 13 (commonly, a "Wage earner's plan").

A Chapter 7 case, without "wrinkles", can take three to four...
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2 Answers | Asked in Bankruptcy, Car Accidents and Personal Injury for Ohio on
Q: I was discharged after filing chapter 7 in August of last year. Was involved in car accident in February 2024. She is at

.

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

Unlike many states (like PA), Ohio does not permit a debtor to choose between the state and federal exemption lists; an Ohio resident can choose only those exemptions granted by the state of Ohio.

While it appears that the Ohio exemptions might have protected your auto accident recovery,...
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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Drawing up our own online will for my mother's estate , if I have it notorized in Pennsylvania will it be valid for Nj.?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 6, 2024

Pursuant to New Jersey statutory law, S.A, 3B:3-2B, a holographic Will, e.g., one handwritten by the decedent, even unsigned (the handwriting of the decedent of the context of the Will may be good enough), can be admitted to probate in NJ, regardless of the location of its drafting. But there are... View More

2 Answers | Asked in Bankruptcy for Georgia on
Q: When a husband and wife are co-creditors on a loan, which one signs the proof of claim in a chapter 13 bankruptcy?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 4, 2024

This is a fairly simple question, but it's not your first, nor even your second. It and those before it illustrate an important point: Bankruptcy can quickly become a complex thing, even for those who have practiced within its scope for years.

Inother words, the bankruptcy area of...
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3 Answers | Asked in Bankruptcy for Georgia on
Q: How should I identify myself on a proof of claim?

I loaned money to a friend and I also co-signed a loan for her. Both loans are still active. Now my friend has filed chapter 13. Should I identify myself as a creditor only or a creditor and a guarantor on my proof of claim form?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 2, 2024

While your question indicates that both loans are "active", you don't say whether your obligation on the guaranty has been called/paid.

As a guarantor on a loan not yet repaid by the debtor, you have a contingent claim (check the bankruptcy Schedules to see how the debtor...
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3 Answers | Asked in Bankruptcy for Colorado on
Q: A credit union discharged in bankruptcy keeps sending me email reminders to pay bills and bank statements.

My bankruptcy was discharged in October 2021. Since then I constantly get emails from 2 creditors. One sends me constant reminders to download statements. The other sends me bill pay reminders for debts that were also included in my bankruptcy. I’ve called both CU to tell them I do not have an... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 31, 2024

The US Supreme Court, since the early '90s with the Dewsnup opinion, has been curtailing the Bankruptcy Code's provisions for debtor's relief against creditors generally, imho.

Most recently, the US Supreme Court shifted the burden of proof for a debtor's action against...
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2 Answers | Asked in Bankruptcy, Consumer Law and Criminal Law for Georgia on
Q: Do I need the help of a consumer law attorney, a bankruptcy attorney or law enforcement?

A coworker borrowed in excess of forty thousand dollars more than eighteen months ago offering fraudulent excuses for needing the money and lying about how/when she would repay. There has never been any attempt on her part to repay even a portion of the money, and today I learned she has now filed... View More

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

Creditors not listed by the debtor on a bankruptcy Petition and Schedules may not have their claims discharged, UNLESS they have reason to know about the bankruptcy filing.

If the bankruptcy case is known, a Proof of Claim, at least, should be filed.

There are other alternatives....
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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: How long does it take for an attorney to become executor of an estate?

My mother passed away in October. I've been working with an attorney to settle her estate: me and the other heir's signed renunciation papers. I live in another state, and the others are unable to settle the estate.

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

Admitting a Will and having a named personal representative (Executor/Executrix) appointed is a pretty simple matter, in most cases, although a personal appearance by the personal representative at the Probate Clerk's office is usually required, to be sworn in.

That can happen where...
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2 Answers | Asked in Bankruptcy for Washington on
Q: Car loan of $50k on car worth $20k being repossessed and $30k in credit card Debt in finance name what are our options
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 24, 2024

Your question cannot be reliably answered because it offers only two debt items.

Your options, among which are some of the bankruptcy Chapters, can only be determined by a full consideration of your likewise full financial situation, both income and debt service for...
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4 Answers | Asked in Bankruptcy for Illinois on
Q: How do I get a list of everything that was discharged in a bakruptcy?

I listed a student loan that was in collections by the collection agency and not the Illinois Student Assistance Commission…is that discharged?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 22, 2024

You don't get a list of discharged debts, unless your bankruptcy lawyer provides his opinion about that.

Your Order of Discharge says only that your discharge is of all dischargeable debts.

The Bankruptcy Code itself is somewhat helpful, with provisions about what needs to be...
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2 Answers | Asked in Foreclosure for Pennsylvania on
Q: Hello. I want to purchase a foreclosed home from auction in PA & want know if i am responsible for paying back any lien?

Hello. I want to purchase a foreclosed home from auction in PA & want know if i am responsible for paying back whatever the owner owned, such as mortgage lien, mechanic lien or tax lien? Is the title not supposed to free and clear?

I asked around, some people tell me I am responsible... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 20, 2024

When a piece of real property is foreclosed and put up for sheriff's sale, the lien that is foreclosed (it may be a first mortgage, junior mortgage, tax lien, or other statutory or judgment lien) will be paid from the bid at the sheriff's sale. So will tax liens, and so will the... View More

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3 Answers | Asked in Bankruptcy for Texas on
Q: Do I have to disclose to Bankruptcy chap 7 Trustee the receivable deposited in my account after Bankruptcy is filed ?

For Trucking Company, Load was hauled before Bankruptcy is filed, but broker take 30 to 45 days to pay. In the meantime, Company is shut down and Bankruptcy chap 7 is filed. 30 days later, fund from hauled load is deposited in the account.

Is the fund free from bankruptcy ? Or, do I have... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 20, 2024

This is a pretty simple question.

The bankrupt should have identified the receivable in its sworn bankruptcy schedules, which are painstakingly thorough.

If it did, then the Bankruptcy Trustee should be aware, and the payment should be tendered to that Trustee.

If for some...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: In PA, if I have two car loans and file chap 7 can i keep one of the vehicles?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 16, 2024

If you have no other property, yes, you can keep both cars with the Federal exemption for equity in autos, plus the catch-all exemption, unused by any realty. There are other Fed exemptions that may cover your clothing, furniture, pc, etc.

That said, your questions strikes me as too...
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3 Answers | Asked in Bankruptcy for California on
Q: Filing ch 7 in California in a week current vehicle is inoperable should I get a car loan before filing?

Filing with husband our joint car loan is the car I use that’s inoperable I want to surrender that car and keep this new one. My credit is at 620 I already got approved for a zero down loan for a $18000 car

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 14, 2024

Whether you file a Ch. 7 or Ch. 13, you will not be able to modify/reduce the new car loan if you do it.

If you need the car for work or whatever, it's probably better to do it now than try after a bankruptcy filing (your credit score will drop to about 500, and every lender will...
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3 Answers | Asked in Bankruptcy for Georgia on
Q: How is money viewed from not paying creditors?

When starting the process for bankruptcy you’re instructed to stop paying credit cards but how is the money from not paying them looked at from a bankruptcy perspective? If I stop paying my credit cards I will have an extra $1300 would the trustee take this? Wouldn’t that defeat the purpose of... View More

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

Payments to any unsecured creditors, which includes all unsecured credit card issuers, within 90 days of the filing of a bankruptcy case are deemed to be preferences, recoverable by the bankruptcy Trustee.

Moreover, if you have $1,300 in cash/on deposit at the bankruptcy start date, you...
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1 Answer | Asked in Estate Planning and Banking for Pennsylvania on
Q: My Aunt has written me a check emptying her checking account. What are the legalities if I deposit it in my account?

She is recently under hospice care. I am the soul beneficiary. There’s a lot involved. She’s afraid if we wait until her death I won’t have access and she doesn’t have a legal id to add me to her account.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 12, 2024

We've been representing financial institutions for over two decades.

"Legal id"?

You aunt's financial institution most certainly has her signature card for her deposit account, and that's all that one needs to add another adult to her account, on a simple...
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