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Equitable tracing - Practical Law
https://uk.practicallaw.thomsonreuters.com/9-100-5441?contextData=(sc.Default)#:~:text=There%20could%20be%20no%20equitable%20tracing%20of%20trust,had%20to%20be%20identifiable%20at%20all%20relevant%20times.
Tracing into an Overdrawn Bank Account - Emerald
https://www.emerald.com/insight/content/doi/10.1108/eb025709/full/html
Abstract. The law relating to tracing is complicated, littered with inconsistencies and possibly now verging on a state of disarray. The complications are ever increasing as the topic becomes inevitably intertwined with the law relating to constructive trusts and restitution. This article concentrates on a specific aspect of the law of tracing, namely, the extent to which …
How to Fix an Overdrawn Bank Account - NerdWallet
https://www.nerdwallet.com/article/banking/how-to-fix-an-overdrawn-bank-account
Ask your bank for a refund. If your bank doesn’t automatically waive fees for some overdrafts, call your bank and ask for a refund. The bank could be …
Tracing into an Overdrawn Bank Account — When does …
https://www.semanticscholar.org/paper/Tracing-into-an-Overdrawn-Bank-Account-%E2%80%94-When-does-Breslin/153087c8c2e83daf7e51fc46aefe03ee6502f452
The complications are ever increasing as the topic becomes inevitably intertwined with the law relating to constructive trusts and restitution. This article concentrates on a specific aspect of the law of tracing, namely, the extent to which one can trace money paid into an …
Tracing into an overdrawn mixed bank account — Monash University
https://research.monash.edu/en/publications/tracing-into-an-overdrawn-mixed-bank-account
T1 - Tracing into an overdrawn mixed bank account. AU - Thomas, Susan Jacqueline Barkehall. PY - 2004. Y1 - 2004. M3 - Article. VL - 12. SP - 95. EP - 103. JO - Australian Insolvency Law Journal. JF - Australian Insolvency Law Journal ...
Tracing into improvements, debts and, overdrawn accounts
https://academic.oup.com/tandt/article-abstract/17/5/411/1622013
… it is not possible to trace into and through an overdrawn account, because such an account is not an asset at all: it is a liability. The consequence is that the claimant cannot show that his money has become represented by an asset into which it is possible to trace: all his money has done is to reduce a liability, and so has ceased to exist.
Overdrafted Your Bank Account? Here's What to Do. - The …
https://www.thebalance.com/how-to-recover-from-being-overdrawn-2386132
While banks can and will hit you with an overdraft fee automatically, some will give you until the end of the business day to deposit more money into the account to bring it into the positive and avoid the overdraft fee. Chase, for instance, gives customers up until 8:00 p.m. PST to deposit cash into an ATM or at a branch to avoid the fee.
Tracing Cases | Digestible Notes
https://www.digestiblenotes.com/law/trusts_cases/tracing.php
Held: It was held that it is impossible for the claimants to trace the money into an overdrawn bank account on the basis that the property they seek to trace has disappeared Clayton’s Case; Devaynes v Noble [1814-23] All ER Rep 1
What to do if my bank account is overdrawn and I have no money?
https://tightfistfinance.com/what-to-do-if-my-bank-account-is-overdrawn-and-i-have-no-money/
In most cases, you will be able to overdraft on your bank account, even if you have no money. Your bank account will show up as insufficient funds and you may be charged a penalty fee or interest. You are expected to pay back all overdraft amounts and fees. Specific bank accounts may come with overdraft protection, reducing your risk of overdrafting.
Tracing | Digestible Notes
https://www.digestiblenotes.com/law/trusts/tracing.php
So, let's say a trustee puts £1000 of trust money into his personal bank account and dissipates it, then places another £1000 of his own money into that account, the claimant cannot trace into the money deposited later → The maximum amount that can be reclaimed from that bank balance is the lowest intermediate balance.
Equitable tracing - Practical Law
https://uk.practicallaw.thomsonreuters.com/9-100-5441?contextData=(sc.Default)
Equitable tracing. There could be no equitable tracing of trust money paid into an overdrawn bank account. Traced property had to be identifiable at all relevant times. However, in certain circumstances it might be possible to identify, a misappropriation of trust money with the acquistion of a particular asset and this could result in the creation of an equitable charge over …
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