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Ala. Code § 8-9A-3

Value.

Known as the Alabama Uniform Fraudulent Transfer Act

The act spans §§ 8-9A-1–8-9A-9 (12 sections).

Applied in 1 court decision — leading case Alexander v. Horton (In Re Terry Manufacturing Co.) (2006)

Most recently applied in Alexander v. Horton (In Re Terry Manufacturing Co.) (May 2006)

(Acts 1989, No. 89-793, p. 1585, §3.)

(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.

(b) For the purposes of subsection (c) of Section 8-9A-4 and subsection (a) of Section 8-9A-5, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.

(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.

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