Alabama Uniform Voidable Transactions Act
Alabama · Commercial Law and Consumer Protection · §§ 8-9B-1 to 8-9B-9 · 16 sections
Overview
The act governs the relationship between debtors and their creditors and the circumstances in which a transfer of property or an obligation incurred by a debtor can be undone because it unfairly interferes with a creditor's ability to collect. It supplies the operative definitions and tests — what counts as value, when a debtor is insolvent, when a transfer is treated as made, and when actual intent to defraud or the absence of reasonably equivalent value renders a transfer voidable — and it specifies the relief available to a creditor, the conditions under which a judgment may be entered against a transferee, the deadline for bringing an action, and where suit may be filed. It also regulates assignments a debtor makes for the benefit of creditors, requiring that the deed of assignment be executed, filed, and recorded together with sworn statements and a list of the assignor's property and creditors, that the assignee post bond and then administer and distribute the estate, and it sets out who may sue to set an assignment aside, what must be proved, and how creditors are notified and paid.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- Ala. Code § 8-9B-1Short Title.
- Ala. Code § 8-9B-10Extinguishment of Claim for Relief.
- Ala. Code § 8-9B-11Governing Law.
- Ala. Code § 8-9B-12Application to Series Organization.
- Ala. Code § 8-9B-13Supplementary Provisions.
- Ala. Code § 8-9B-14Uniformity of Application and Construction.
- Ala. Code § 8-9B-15Relation to Electronic Signatures in Global and National Commerce Act.
- Ala. Code § 8-9B-16Application; Conforming Amendments.
- Ala. Code § 8-9B-2Definitions.
- Ala. Code § 8-9B-3Insolvency.
- Ala. Code § 8-9B-4Value.
- Ala. Code § 8-9B-5Transfer Voidable as to Present or Future Creditor.
- Ala. Code § 8-9B-6Transfer Voidable as to Present Creditor.
- Ala. Code § 8-9B-7When Transfer Is Made.
- Ala. Code § 8-9B-8Remedies of Creditor.
- Ala. Code § 8-9B-9Defenses, Liability, and Protection of Transferee.
Enacted in other states
Arkansas, California, Georgia, Iowa, Idaho, Indiana, Kentucky, Minnesota, North Carolina, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont
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