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Questions Answered by W. J. Winterstein Jr.
2 Answers | Asked in Foreclosure for Pennsylvania on
Q: my house is going to forclouser can my 21 year old son that has vever rented a place rent a place a place for us

or do they look at my credit history too .

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 28, 2020

At age twenty-one, by law, your son is fully empowered to enter binding contracts. So under existing law, he , like any other competent adult, empowered to enter into a lease of real estate.

Your question has much more to do with whether any residential landlords will agree to enter into a...
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1 Answer | Asked in Bankruptcy and Banking on
Q: I have an inheritance from my father in US but I don't know in which bank it's about 10 million dollars
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 27, 2020

So, why is this a bankruptcy question?

And in what country do you reside? The venue of a US bankruptcy case is the federal district in which you're resided for the past 180 days, or in which the majority of your assets are situated.

You say nothing about the amount of your...
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2 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: mortgage loan approved by lender but at final review they discover the membership account had been revoked.

The member 8-9 years ago was in chapter 13 and represented a loss for the lender. Can they asked the member to re-pay the old balance that was cleared and discharged from CH13?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 27, 2020

The so-called "permanent injunction", against creditors' attempting to collect a discharged debt, which accompanies the entry of every Discharge Order in bankruptcy, certainly seems to prohibit that sort of "ask". On the other hand, nothing in a bankruptcy Discharge... Read more »

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2 Answers | Asked in Probate for Pennsylvania on
Q: What is the procedure for filing a Small Estate Affidavit in PA?

Must an executor be named and an Estate Account established if there will be no sale of property, just the reclaim of a small amount of funds?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 24, 2020

Most people/legal heirs, would not even open a probate proceeding where the only asset is a small amount of funds. However, if the funds are held in a financial institution, and the decedent had not executed a Power of Attorney in favor of one the heirs, the institution might well require a copy... Read more »

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2 Answers | Asked in Bankruptcy for Colorado on
Q: what type of bankruptcy should I file?

I am looking to clear past cebt. I have no assets. I do have a car that is paid off.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 22, 2020

Practically speaking, you have two choices (assuming you meet the eligibility criteria for each)- a Chapter 7 (liquidation) or a Chapter 13 (wage-earners plan). A primary purpose for the Ch. 13 is to "save the house", amongst other assets. From the little info you offer, probably a Ch.... Read more »

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1 Answer | Asked in Foreclosure for Pennsylvania on
Q: my house is go to be forclosed on and i have two hips that need replaced and can hardly walk .

my son makes enough money to get us a place was wondering if he could do that with my not so good credit history .

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 21, 2020

From the reports I've seen recently, although interest rates are near record lows, the banks and other mortgage funding sources have been tightening credit, raising the minimum credit scores needed to qualify for a mortgage loan.

Probably, from what you say, your credit score is below...
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3 Answers | Asked in Bankruptcy and Foreclosure for Pennsylvania on
Q: Can a bank put your dads house after he dies in son's name with out telling them the kids did not open up a estate

They put the house in kids name in 2017 the kids did not know it till they got foreclose notices also bank told 1 of the kids the bought if for a dollar however the kids never gave any money 4 house

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 20, 2020

Pennsylvania, like most states, has laws of "succession", otherwise known as intestacy statutes, and under those laws, if a person dies without a will, the children of the deceased, and a surviving spouse, are the primary beneficiaries and will accede to the deceased property.

The...
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2 Answers | Asked in Bankruptcy and Real Estate Law for Pennsylvania on
Q: If I file for bankruptcy and own a property in a HOA, what happens when I have a balance with them?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 12, 2020

Most HOA's ownership interests are linked to periodic "maintenance fees", for ongoing maintenance of common areas, and if not promptly paid, become a lien, like your Mortgage, against your ownership interest. Once a bankruptcy is filed, the HOA indebtedness will most probably be... Read more »

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Why is it taking so long to get a Chapter 13 discharge?

We paid back our creditors 100% and we are no longer making plan payments as of April 24, 2020. A Certification of Discharge Eligibility wasn't submitted until June 4th, 2020. Then my attorney submitted an final application of compensation on June 24th, 2020. That hearing won't take... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 19, 2020

The law field, like every other business, has been impacted by the coronavirus pandemic, and delays are the result. I'm not sure that the court personnel can do much working at home, and the same is true of the Ch. 13 Trustee's people.

I doubt that your attorney's fee...
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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: can an old partner still use my business line of credit w/o my knowledge? and file bankruptcy w/o my knowledge?

I checked my business credit recently and see there is a home equity line of credit, and auto loan and a bankruptcy, I didnt do any of this. and I have not been in business with this person for more that 8 years.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 16, 2020

Assuming you mean old business partner, when you parted ways, that event triggers a "dissolution of the partnership", which has ramifications, but you needed to tie off the loose ends as well, e.g., notify your lender of the dissolution of the partnership, and terminate/wrap up any live... Read more »

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: our home was included in our bankruptcy we moved out but the township keeps saying we are responsible for the lawn care

they are threatening legal action, how can we be responsible when we don't own the house anymore. Also The bank was notified that we did move out

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 3, 2020

Just because you've moved out/abandoned the property doesn't automatically equate to someone else taking title to the property. The township, and other providers of utilities, hold the record title owner responsible for their respective charges. The bankruptcy, if it was a Ch. 7 case,... Read more »

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: 10 years chapter 7/ never confirmed. should paying principal be going up ? and interest be going down ? sold twice

will my interest ever go down? it seems each time the mortgage sells my loan. the mortgage goes back to default Like I'm paying a brand new loan? the loan/debt was discharged. my credit no longer reports the bankruptcy.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 23, 2020

It's common for Mortgage lenders, and their "loan servicers", to transfer their mortgage loans to new entities, but such transfers do not alter the terms of your Note and Mortgage.

However, you don't provide enough information to give you an answer to your issues. To do...
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2 Answers | Asked in Bankruptcy and Divorce for Pennsylvania on
Q: Should I do my chapter 7 bankruptcy before or after divorce?

I'm separated from my wife and we're planning to get divorced.

I also have $70k in credit card debt and am planning to file for chapter 7 bankruptcy soon.

All of the debt is in my name not hers.

Would it be more advantageous to go through the bankruptcy before... Read more »

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

Financial obligations imposed during a divorce that are for "support" (alimony may be support alimony, and of course, child support) are not dischargeable in bankruptcy. However, "alimony in lieu of " property division, or in the nature of property division, IS a dischargeable... Read more »

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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... 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... 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...
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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 »

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