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Ala. Code § 8-9A-2

Insolvency.

Known as the Alabama Uniform Fraudulent Transfer Act

The act spans §§ 8–8 (12 sections).

Applied in 1 court decision — leading case Kaye v. LONE STAR FUND v. (US), LP (2011)

Most recently applied in Kaye v. LONE STAR FUND v. (US), LP (April 2011)

(Acts 1989, No. 89-793, p. 1585, §2.)

(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 the sum of the partnership’s debts is greater than the aggregate, at a fair valuation, of all of the partnership’s assets and the sum of the excess of the value of each general partner’s nonpartnership assets over the partner’s nonpartnership debts.

(d) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter.

(e) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.

Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.