Bankruptcy Lawyer - Constructive Trusts in Florida

Bankruptcy Lawyer - Chapter 13 Bankruptcy Lawyer Jordan E. Bublick has an office in Miami and has over 25 years of experience in filing chapter 13 and chapter 7 bankruptcy cases. His office is located in Miami at 1221 Brickell Ave., 9th Fl., Miami and may be reached at (305) 891-4055. www.bublicklaw.com  

A constructive trust is a remedy imposed by a court to return property to its rightful owner and to prevent unjust enrichment of one person at the expense of another. Equity holds that although the possessor holds "bare legal title" to the property, the beneficial interest is held by the person entitled to the property. The property may have been acquired by another by fraud or even without fraud if it is against equity that is should be retained by the person who holds it.

For the imposition of a constructive trust, there must be generally be clear and convincing evidence of

• a promise, express or implied
• a transfer of property and reliance thereon
• a confidential relationship (legal, moral, social, domestic or personal)
• unjust enrichment (by fraud or benefit of the mistake of another)

Jordan E. Bublick is a Miami Personal Bankruptcy Lawyer with over 25 years of experience in filing chapter 13 and chapter 7 bankruptcies. Miami Personal Bankruptcy Lawyer Jordan E. Bublick has filed over 8,000 chapter 13 and chapter 7 cases.