Questions Answered by Terrence H Thorgaard
Q: Will Bankruptcy help us stay in our home Wells Fargo put our mortgage payment up to $566.00 per mo we are both disabled
Terrence H Thorgaard's answer
No. "Under current United States law, bankruptcy courts are not allowed to perform cramdowns (i.e., reduce the principal amount or change the interest rate or other terms) on creditors who hold loans secured by mortgages on debtors' primary residences."
https://en.wikipedia.org/wiki/Cram_down
No. "Under current United States law, bankruptcy courts are not allowed to perform cramdowns (i.e., reduce the principal amount or change the interest rate or other terms) on creditors who hold loans secured by mortgages on debtors' primary residences."
https://en.wikipedia.org/wiki/Cram_down
Q: My landlord came on Friday morning after Hurricane Irma and removed all the food in my refrigerator. I was out.
Terrence H Thorgaard's answer
Perhaps they were hungry, and are trying to tell you that if you want to be compensated for your food to ask about it.
Perhaps they were hungry, and are trying to tell you that if you want to be compensated for your food to ask about it.
Q: I live with my child in CA father lives in FL can I File for support? He also never signed the BC! he has no LEGAL job??
Terrence H Thorgaard's answer
Yes, of course you can file for support. The Florida Department of Revenue assists in collection of child support, and there is a similar agency in California. Contact one or both agency and ask them for help.
Yes, of course you can file for support. The Florida Department of Revenue assists in collection of child support, and there is a similar agency in California. Contact one or both agency and ask them for help.
Q: I lost my job after Hurricane Irma and am worried about falling behind on mortgage payments. My house was also badly
Terrence H Thorgaard's answer
No, probably not. Didn't they require insurance which would cover such damage?
No, probably not. Didn't they require insurance which would cover such damage?
Q: Friend is accused by his brother of pawning and stealing stuff. He is aggressive and threatening to report the "crime"?
Terrence H Thorgaard's answer
While it may be a matter of the friend's word against the brother's word, testimony is proof. So if the trier of fact believes the brother's testimony, beyond a reasonable doubt, your friend can be convicted.
While it may be a matter of the friend's word against the brother's word, testimony is proof. So if the trier of fact believes the brother's testimony, beyond a reasonable doubt, your friend can be convicted.
Q: Mother with 2 teens want to move from FL to CO. Court order gives father no custodial rights. Do we need permission?
Terrence H Thorgaard's answer
He has the right to visitation, albeit of the children agree. So yes, in theory the move could interfere with that visitation and so the custodial parent should ask the court for modification. Child support has nothing to do with it.
He has the right to visitation, albeit of the children agree. So yes, in theory the move could interfere with that visitation and so the custodial parent should ask the court for modification. Child support has nothing to do with it.
Q: Can a hoax bomb threat letter sent to another country still fall under US jurisdiction?
Terrence H Thorgaard's answer
Yes, the terroristic threat, sending the letter, would have been done in the US; US courts would have jurisdiction. Tell your friend, in the strongest possible terms, not to be an idiot.
Yes, the terroristic threat, sending the letter, would have been done in the US; US courts would have jurisdiction. Tell your friend, in the strongest possible terms, not to be an idiot.
Q: Can my ex-wife's attorney hire my two minor girls and still represent her in a new case involving the family?
1 Answer
| Asked
in
Family Law, Child Custody, Juvenile Law and Sexual Harassment
for
Florida
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Terrence H Thorgaard's answer
It doesn't appear to be a conflict of interest, if that's what you are asking. He represents your ex, not you.
It doesn't appear to be a conflict of interest, if that's what you are asking. He represents your ex, not you.
Q: Is Mother's Trust, created 2012 in Florida, okay now that she is living in memory care facility in California?
Terrence H Thorgaard's answer
If the trust was created when she was residing in Florida, assuming she was competent then, it is probably still valid. When the time comes to administer the trust ("Executed" normally means signing by the trustor not administration by the trustee), the trustee should check with an attorney in California to determine what if anything needs to be done.
If the trust was created when she was residing in Florida, assuming she was competent then, it is probably still valid. When the time comes to administer the trust ("Executed" normally means signing by the trustor not administration by the trustee), the trustee should check with an attorney in California to determine what if anything needs to be done.
Q: Will a judge make me move back to FL?
Terrence H Thorgaard's answer
It's possible, but not likely. It's probably more likely if the putative father has had frequent and regular visitation with the boy. He has six months in which to file a lawsuit in Florida; after that he would have to sue where the child lives.
It's possible, but not likely. It's probably more likely if the putative father has had frequent and regular visitation with the boy. He has six months in which to file a lawsuit in Florida; after that he would have to sue where the child lives.
Q: Can I be given a 15 Day vacate notice to while the state of florida is under a state of emergency?
Terrence H Thorgaard's answer
The required notice period is not suspended by the declaration of a state of emergency.
The required notice period is not suspended by the declaration of a state of emergency.
Q: Do I need an estate planning or probate attorney?
Terrence H Thorgaard's answer
You are not REQUIRED to do anything, but you might want to consult with an attorney if you want to know your options.
You are not REQUIRED to do anything, but you might want to consult with an attorney if you want to know your options.
Q: how do i sue if the company that has 3-d solar et all. sold me a $9000.00 solar air conditioner and solar panels to run
Terrence H Thorgaard's answer
So you're saying the system doesn't work during a power outage? I suspect that information was in the contract or other paperwork you received. If not, you would only be entitled to recover the cost of installing a supplemental generator.
So you're saying the system doesn't work during a power outage? I suspect that information was in the contract or other paperwork you received. If not, you would only be entitled to recover the cost of installing a supplemental generator.
Q: I was over at my girlfriend's house during hurricane Irma. My car was parked in the driveway. The next morning we found
2 Answers
| Asked
in
Landlord - Tenant, Car Accidents, Consumer Law and Small Claims
for
Florida
on
Answered on Sep 17, 2017
Answered on Sep 17, 2017
Terrence H Thorgaard's answer
Check the terms of each policy. One or both policies may have language which specifies which pays in this situation. If not, the carriers probably will agree to split the difference.
Check the terms of each policy. One or both policies may have language which specifies which pays in this situation. If not, the carriers probably will agree to split the difference.
Q: *Follow up question for Terrence Thorgaard: (orig-I live in a condo run by a prop mgt co & been without AC for a week.)
Terrence H Thorgaard's answer
Yes, if you have a lease, and if the lease has terms regarding AC repair, those terms of course apply.
Yes, if you have a lease, and if the lease has terms regarding AC repair, those terms of course apply.
Q: My houseboat sank in a private marina during Hurricane Irma, What is my obligation as far as removal is concerned.
Terrence H Thorgaard's answer
You have the obligation to remove it. For specifics refer to your agreement with the marina.
You have the obligation to remove it. For specifics refer to your agreement with the marina.
Q: What to do when non custodial parent moves away with out notifying anyone
Terrence H Thorgaard's answer
Clearly you need to ask the court to revise the visitation schedule, so as to require him to give you reasonable notice of when he wants to have the kids, and to allow you to leave the state.
Clearly you need to ask the court to revise the visitation schedule, so as to require him to give you reasonable notice of when he wants to have the kids, and to allow you to leave the state.
Q: shes 17 im 21 in the state of florida. what is the laws on being sexual?
Terrence H Thorgaard's answer
"The age of consent in Florida is 18, but close-in-age exemptions exist. By law, the exception permits a person 23 years of age or younger to engage in legal sexual activity with a minor aged 16 or 17.
..."
https://en.wikipedia.org/wiki/Ages_of_consent_in_the_United_States#Florida
"The age of consent in Florida is 18, but close-in-age exemptions exist. By law, the exception permits a person 23 years of age or younger to engage in legal sexual activity with a minor aged 16 or 17.
..."
https://en.wikipedia.org/wiki/Ages_of_consent_in_the_United_States#Florida
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