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The Constructive Trust: A Remedy for Collecting After Embezzlement
https://www.lacba.org/docs/default-source/section-documents/remedies-law-section/remedies-newsletter/article-re-constructive-trust.pdf#:~:text=In%20order%20to%20impose%20a%20constructive%20trust%2C%20however%2C,to%20the%20misappropriated%20funds%E2%80%94a%20concept%20known%20as%20%E2%80%9Ctracing.%E2%80%9D
Constructive trusts, tracing and the requirement of a …
https://academic.oup.com/tandt/article/11/10/10/1723564
Mark Pawlowski; Constructive trusts, tracing and the requirement of a fiduciary obligation, Trusts & Trustees, Volume 11, Issue 10, 1 October 2005, Pages 10–14, We use cookies to enhance your experience on our website.By continuing to use our website, you are agreeing to our use of cookies.
Constructive Trust Remedy and Tracing | Disinherited
https://disinherited.com/equitable-claims/constructive-trust-remedy-tracing/
Contrary to the plaintiff’s submission, all constructive trusts (whether remedial or institutional) require that the plaintiff show a monetary award would be inadequate or inappropriate, and identify property or proceeds thereof to which the plaintiff’s labour or money contributed.
Constructive Trusts and Tracing | Emerald Insight
https://www.emerald.com/insight/content/doi/10.1108/eb025649/full/html
The following paper may be just what you need. It explains the concept of a simple trust, and how its fundamental principles manifest themselves in the court‐imposed constructive trust, paying particular attention to the vexed issue of knowledge, the linchpin of constructive trusteeship and the cause of great confusion among those called upon ...
The Law of Tracing | Expert insights | Alston Asquith
https://www.alstonasquith.com/insights/the-law-of-tracing/
In theory, such a constructive trust could be constructed so that any third party with rights in the traced asset would hold the equitable interest in that property in common with the claimant; more usually a constructive trust will be claimed so that the claimant can become the absolute beneficial owner of the property so that he can acquire any future increase in value in …
The Constructive Trust: A Remedy for Collecting …
https://www.lacba.org/docs/default-source/section-documents/remedies-law-section/remedies-newsletter/article-re-constructive-trust.pdf
In order to impose a constructive trust, however, the plaintiff must be able to trace the acquisition of that property back to the misappropriated funds—a concept known as “tracing.”. 1 Ellen Kaufman Wolf and Scott Antoine are lawyers at Wolf Group L.A., a business law boutique for matters involving business, real estate, and estates, and emphasizing creditors’ rights and …
Beware The Constructive Trust Claim - Gibson Dunn
https://www.gibsondunn.com/wp-content/uploads/documents/publications/Millet-BewaretheConstructiveTrustClaim.pdf
requires that where a constructive trust is sought to be imposed against property of an insolvent debtor, strict tracing is required.). Because of the tracing requirement, a constructive trust claim can not be used as a substitute for a writ of attachment to, in effect, secure _ a general unsecured damage claim for breach of contract. See
THE TEXAS CONSTRUCTIVE TRUST AND ITS …
https://dittfurthlaw.com/wp-content/uploads/2017/09/1.-CONSTR-TRUST-ART-17this-is-it-1.pdf
claimant’s rights.”4 This quote describes only two requirements for a constructive trust: tracing to “identifiable” property in the defendant’s hands and proof that retention of that property would unjustly enrich him. Furthermore, the …
Principles of Tracing - Kornfeld LLP
https://kornfeldllp.com/2021/06/principles-of-tracing/
Two criteria must normally be satisfied for a constructive trust to be found: (1) a monetary award must be inadequate, and (2) there must be an identifiable property to which the plaintiff contributed in some manner. In the current leading authority, Kerr v.
Digital Commons at St. Mary's University
https://commons.stmarytx.edu/cgi/viewcontent.cgi?article=1576&context=facarticles
requirements for a constructive trust: tracing to "identifiable" property in the defendant's hands and proof that retention of that property would unjustly enrich him.'
IN RE: Bryan K. FOSTER | FindLaw
https://caselaw.findlaw.com/us-10th-circuit/1004530.html
To warrant imposition of a constructive trust over the property of a debtor, a claimant must (1) show fraud or mistake in the debtor's acquisition of the property; and (2) be able to trace the wrongfully held property. See In re Seneca Oil, 906 F.2d at 1449. The parties agree Foster acquired the funds through fraud.
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