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Questions Answered by W. J. Winterstein Jr.
4 Answers | Asked in Bankruptcy for Alabama on
Q: I did not read my bankruptcy petition before I signed it the lawyer made several errors

Like putting my wifes debts on the petition . And did not including 2 large withdrawals 8000 and 3000 that my wife took out of our joint account to buy a vehicle

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jun 30, 2021

NEVER sign a document before you read through it.

It's surprising that a bankruptcy lawyer would enable you to sign without first reading the documents. One of the questions normally asked by any bankruptcy trustee at the 341 meeting is whether the signature on the Petition is...
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4 Answers | Asked in Bankruptcy for Florida on
Q: When you were in a car accident and you haven't settle yet, do you have to disclose the info when you are filing

chapter 7 bankruptcy

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jun 25, 2021

The Official Bankruptcy forms, which every bankrupt must fill out completely, and sign under penalty of perjury, ask all kinds of questions about your assets and ownership interests, including the specifics about any claim you may have against others, as well as all claims others may have against... Read more »

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5 Answers | Asked in Bankruptcy for California on
Q: my friend is filing for bankruptcy over a $24,000 credit card bill

Igave her a check for $ 10,000 to cover rent and expenses for next 6 mos.

shes afraid to cash the check at her bank because shes afraid the court or creditors may discover it and stop the bankruptcy or worse

is there a way for her to cash the check or receive funds... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jun 24, 2021

The only way to "stop the bankruptcy" is by a dismissal of the case, prior to entry of a discharge, and the grounds for dismissal are mostly centered upon a bankrupt's circumstances preceding the filing, and the full disclosure of those circumstances on the bankruptcy Schedules.... Read more »

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4 Answers | Asked in Bankruptcy for Florida on
Q: If I am a co signer and my name is on a vehicle loan, can I file bankruptcy without filing on that loan?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jun 21, 2021

The Official Bankruptcy forms which every bankrupt must file in his/her cases require that the debtor list all debts and assets, signed by the debtor under penalty of perjury.

If you fail to disclose any claim against you or your estate of which you are aware, you will be opening yourself...
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1 Answer | Asked in Bankruptcy for Florida on
Q: Do I make payments on my car during bankruptcy proceedings.

I have a title loan on my car and I filed for chapter 7 in middle court of Florida. I checked that I wanted to keep making payments because I didn’t want to reaffirm or give up my vehicle. My car is exempt. I was wondering if I had to keep making payments during chapter 7 proceedings or would i... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jun 14, 2021

The Bankruptcy Code gives a Ch. 7 debtor three choices of how to handle a secured claim- surrender the collateral to the creditor in full satisfaction of the secured claim; redeem, i.e., pay the secured claim in cash, or reaffirm the debt.

Perfected liens against collateral are NOT...
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2 Answers | Asked in Bankruptcy for Florida on
Q: Hi, I am 59 yrs old and in disability, I earn SSD & LTD. am over $50000 in debit including $7900 IRS from 2017.

Can the IRS debits be discharged in chapter 7? My LTD will run off in 5 years and I don't have enough credits to qualify for retirement income.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jun 7, 2021

Unpaid federal income tax debts become dischargeable two years and four months after the tax return is filed with the IRS. If you have filed the 2017 return more than 2 years and four months before you file a bankruptcy, the tax debt should be dischargeable, but only IF the IRS has not filed a... Read more »

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I'm a joint applicant on my daughter's car loan. Are they going to consider this my exempted vehicle for bankruptcy?

I'm in Pennsylvania. I'm being sued and am concerned about losing my vehicle.

I have a consultation with an attorney next week but I'm trying to ease some anxiety before then.

TIA

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jun 6, 2021

If you file a Ch. 7 case, you are entitled to claim a vehicle, up to a certain amount, as exempt, if you have an ownership interest in that vehicle. If your name is not on the title of the car, as a joint owner, you can probably not claim it as exempt property.

If you file a Ch. 13, there...
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6 Answers | Asked in Bankruptcy and Contracts for California on
Q: What if a defendant files for personal or biz bankruptcy before making all the payments of a settlement payment plan?

This is if both the defendant and attached business are named in the settlement. There would be a stipulation for entry of judgment attached to the settlement. The concern is the defendant defaulting and possibly filing bankruptcy prior to making payments.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 31, 2021

If your claim against the individual defendant falls within one or any of the exceptions to discharge, you/your lawyer should draft your settlement documents to clarify that, i.e., borrow/paraphrase the language of the bankruptcy exception.

Note that the bankruptcy court has the power to...
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1 Answer | Asked in Estate Planning, Elder Law and Probate for Pennsylvania on
Q: Can a Trustee refuse to make a distribution to a beneficiary of a discretionary trust and

then ignore said beneficiary requests for an explanation?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 22, 2021

The powers of any Trustee are prescribed first by the wording of the Trust document itself, augmented by the powers specified in the PA statutes.

To answer your question correctly, a lawyer would need to examine the wording of Trust document.

2 Answers | Asked in Criminal Law, Foreclosure and Elder Law for Pennsylvania on
Q: My 71 yr old father is facing forclosure due to a scam.

My father got involved with a woman facing legal troubles and believes he is funding a big top secret lawsuit against a gov. agency. However, no legitimate lawyer is ever produced when asked and some tragic event always occurs to prolong the case. It's been 5 yrs. He gave away all of his... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 19, 2021

If your father refuses to sign any documents, even for a loan from you, you can (if the amount is doable) approach the holder of the Note and Mortgage and offer a pay-off in exchange for an assignment of the existing Mortgage and endorsement of the Note to you. The bank should be happy to work... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: My dad died years ago with no will, everything went to step mom. My step mom just passed away about 6 months ago and

Left everything to her daughter in will. Do I have anything to fight for if the house was still in both step mom and my fathers name on deed?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 9, 2021

If the deed was held in your father and step-mom's names as joint tenants, with right of survivorship, or tenancy by entirety, then when he died, yes, "everything", including full legal title to the property, went to her.

If the deed says they held title as tenants in common,...
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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I called the sheriff about a writ of execution from a credit card debt. He said I did not have to worry about my stuff

My stuff being taken and that if they are not the correct bank accounts I'm ok

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 6, 2021

Be careful about taking legal advice from anyone who is not an experienced, licensed member of the Bar of your state.

A garnishment writ issued to any bank in which you hold (demand or time) deposits, even with erroneous account numbers, may well freeze your accounts. Banks are cautious....
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4 Answers | Asked in Bankruptcy, Personal Injury and Car Accidents for New Hampshire on
Q: If I lose a personal injury lawsuit from a car accident, can I file bankruptcy after the trial to wipe it out?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 13, 2021

The exceptions to discharge are listed in Section 523 of the Bankruptcy Code.

Subsection 523(a) excepts debts incurred for-

"6) for willful and malicious injury by the debtor to another entity or to the property of another entity";

"(9) for death or personal...
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1 Answer | Asked in Bankruptcy for Connecticut on
Q: Which type of bankruptcy would you recommend if I want to keep my home? Thank you!

I am now being sued by 2 companies. I would like to file for bankruptcy but not include my home.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 13, 2021

When you file for bankruptcy relief, no matter which chapter, you must list ALL of your assets, under penalty of perjury. In other words, you must "include" your home, and all other assets, by identifying it on the sworn Schedules you must file.

Ch. 13 was designed, and is most...
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1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: In PA, if a home is sold at auction that had a reverse mortgage previously, will the new owner get a clear title?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 8, 2021

If your auction was a sheriff's sale pursuant to a foreclosure judgment, the successful bidder at the sheriff's sale gets title free and clear of the mortgage debt that was the basis for the foreclosure, and all liens and charges that are junior to the foreclosed lien indebtedness. Most... Read more »

2 Answers | Asked in Bankruptcy for Florida on
Q: Hi, I am filing for ch 7 bankruptcy in Fl. My spouse is not. His paychecks go into his own checking account, do I list

His bank account because he is my only source of income?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 8, 2021

No. His income is not your income. Let the Ch. 7 Trustee ask about your support at the 341 meeting.

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2 Answers | Asked in Tax Law and Probate for Pennsylvania on
Q: Pa inheritance tax method? Mom died. the 100 acre farm(Pa) in clean and green will be sold outside of family.

One person said to use C & G assessment value instead of fair market value to compute inheritance tax. True?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 8, 2021

PA inheritance tax on bequests to child/children is five percent. When that is paid, the property enjoys a "stepped up basis", so that on a subsequent sale of the property, any capital gain is computed as the difference between the stepped up basis and the sale price, both for PA and... Read more »

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2 Answers | Asked in Bankruptcy and Real Estate Law for Virginia on
Q: I filed for bankruptcy in TN in 2012 in TN. We bought a house in 2017 (in VA) with only my husband name on the deed.

I want to add my name on the deed now. Will my old collectors be able to put a lien on my house now? How do I know for sure that all the debts were wiped completely off with the bankruptcy?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 7, 2021

If you listed all your "old collectors"/creditors names and addresses on your prior bankruptcy schedules filed with the court, and the bankruptcy court has entered its Order of general discharge, then you're good/safe, and if any of your old discharged unsecured creditors attempt in... Read more »

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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: If house is left to 3 siblings , do all siblings have to sign for the sale of the house ?

My understanding of Will is I own 1/3 . Will siblings need my signature to sell house ?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 2, 2021

The simple answer is- yes. Your siblings cannot sell/transfer your interest in the real estate if you are a record owner of it. However, if the property is held in a pending probate case, the executor/administrator may have a power to sell the property, subject to notice to all heirs at law and... Read more »

3 Answers | Asked in Bankruptcy for Florida on
Q: I HAD A FRANCHISE AND I HAD TO CLOSE DUE TO 0 BUSSINESS, WHAT ARE MY OPTIONS WITH FRANCHISE AND BANKRUPTCY
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 28, 2021

I litigated this issue about a car dealership a few years ago.

Chrysler sent their ace litigator out of Kansas City to try the hearings in Philadelphia, trying to cancel the franchise. The judge let our debtor keep the franchise and sell it for $400K to a new franchisee....
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