Ala. Code § 8-9A-5

Transfers Fraudulent as to Present Creditors.

Known as the Alabama Uniform Fraudulent Transfer Act

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

Applied in 5 court decisions — leading case Andrews v. RBL, L.L.C. (In re Vista Bella, Inc.) (2014)

Most recently applied in SE Property Holdings, LLC v. Braswell (June 2017)

(Acts 1989, No. 89-793, p. 1585, §5.)

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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 the debtor became insolvent as a result of the transfer.

(b) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt and the debtor was insolvent at that time and the insider had reasonable cause to believe that the debtor was insolvent.

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