Section 8-9A-1 Definitions. As used in this chapter: (1) AFFILIATE. a. A person who directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities, 1. As a fiduciary or agent without sole discretionary power […]
Section 8-9A-10 Supplementary provisions. Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions. (Acts 1989, No. 89-793, p. 1585, §10.)
Section 8-9A-11 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. (Acts 1989, No. 89-793, p. 1585, §11.)
Section 8-9A-12 Short title. This chapter may be cited as the “Alabama Uniform Fraudulent Transfer Act.” (Acts 1989, No. 89-793, p. 1585, §12.)
Section 8-9A-2 Insolvency. (a) A debtor is insolvent if the sum of the debtor’s debts is greater than all of the debtor’s assets at a fair valuation. (b) A debtor who is generally not paying his debts as they become due is presumed to be insolvent. (c) A partnership is insolvent under subsection (a) if […]
Section 8-9A-3 Value. (a) Value is given for a transfer if, in exchange for the transfer, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise to furnish support to the debtor or another person made otherwise than in the ordinary course of the promisor’s business. […]
Section 8-9A-4 Transfers fraudulent as to present and future creditors. (a) A transfer made by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or after the transfer was made, if the debtor made the transfer with actual intent to hinder, delay, or defraud any creditor of the debtor. (b) […]
Section 8-9A-5 Transfers fraudulent as to present creditors. (a) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the debtor made the transfer without receiving a reasonably equivalent value in exchange for the transfer and the debtor was insolvent at that time or […]
Section 8-9A-6 When transfer is made. For the purposes of this chapter: (1) A transfer is made: a. With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far […]
Section 8-9A-7 Remedies of creditors. (a) In an action for relief against a transfer under this chapter, the remedies available to creditors, subject to the limitations in Section 8-9A-8, include: (1) Avoidance of the transfer to the extent necessary to satisfy the creditor’s claim; (2) An attachment or other provisional remedy against the asset transferred […]
Section 8-9A-8 Defenses, liability, and protection of transferee. (a) A transfer is not voidable under Section 8-9A-4(a) against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee who took in good faith. (b) Except as otherwise provided in this section, to the extent a […]
Section 8-9A-9 Extinguishment of claim for relief. A claim for relief with respect to a fraudulent transfer under this chapter is extinguished unless action is brought: (1) Under Section 8-9A-4(a) within 10 years after the transfer of real property was made. (2) Under Section 8-9A-4(a) within six years after the transfer of personal property was […]
