|
8-9A-8
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 transfer is voidable in an action by a
creditor under Section 8-9A-7(a)(1), the creditor may recover judgment for the value of the
asset transferred, as adjusted under subsection (c), or the amount necessary to satisfy the
creditor's claim, whichever is less, or judgment for conveyance of the asset transferred.
The judgment may be entered against: (1) The first transferee of the asset or the person for
whose benefit the transfer was made; or (2) Any subsequent transferee other than a good faith
transferee who took for value or from any subsequent transferee. (c) If the judgment under
subsection (b) is based upon the value of the asset transferred, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-9A-8.htm - 2K - Match Info - Similar pages
8-9B-9
Section 8-9B-9 Defenses, liability, and protection of transferee. (a) A transfer is not voidable
under Section 8-9B-5(a)(1) against a person that took in good faith and for a reasonably equivalent
value given the debtor or against any subsequent transferee that took in good faith. (b) To
the extent a transfer is avoidable in an action by a creditor under Section 8-9B-8(a)(1),
the following rules apply: (1) Except as otherwise provided in this section, the creditor
may recover judgment for the value of the asset transferred, as adjusted under subsection
(c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment
may be entered against: (i) the first transferee of the asset or the person for whose benefit
the transfer was made; or (ii) any subsequent transferee, other than: (A) a good-faith transferee
that took for value; or (B) a subsequent transferee of a person described in clause (A). (2)
Recovery pursuant to Section 8-9B-8(a)(1) or (b) of or from...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-9B-9.htm - 4K - Match Info - Similar pages
27-32-27
Section 27-32-27 Voidable transfers and liens. (a) Any transfer of, or lien upon, the property
of an insurer which is made or created within four months prior to the granting of an order
to show cause under this chapter with the intent of giving to any creditor a preference or
of enabling him to obtain a greater percentage of his debt than any other creditor of the
same class and which is accepted by such creditor, having reasonable cause to believe that
such preference will occur, shall be voidable. (b) Every director, officer, employee, stockholder,
member, subscriber, and any other person acting on behalf of such insurer who shall be concerned
in any such act or deed and every person receiving thereby any property of such insurer of
the benefit thereof shall be personally liable therefor and shall be bound to account to the
commissioner. (c) The commissioner, as receiver in any proceeding under this chapter, may
avoid any transfer of, or lien upon, the property of an insurer which...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-32-27.htm - 1K - Match Info - Similar pages
40-29-28
Section 40-29-28 Redemption of property. (a) Before sale. Any person whose property has been
levied upon hereunder or subject to execution under Section 40-2-11 shall have the right to
pay the amount due, together with the expenses of the proceeding, if any, to the commissioner
or his delegate at any time prior to the sale thereof, and upon such payment the commissioner
or his delegate shall restore such property to him, and all further proceedings in connection
with the levy on such property shall cease from the time of such payment. (b) Redemption of
real estate after sale. (1) PERIOD. The owners of any real property sold as provided in Section
40-29-26, their heirs, executors, or administrators, or any person having any interest therein,
or a lien thereon, or any person in their behalf, shall be permitted to redeem the property
sold, or any particular tract of such property, at any time within one year after the sale
thereof. Real property purchased by the state at said sale may be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-29-28.htm - 2K - Match Info - Similar pages
43-8-113
Section 43-8-113 Source, determination and documentation of exempt property and allowances;
petition for relief by personal representative or interested person. If the estate is otherwise
sufficient, property specifically devised is not used to satisfy rights to homestead and exempt
property. Subject to this restriction, the surviving spouse, the guardians of the minor children,
or children who are adults may select property of the estate as homestead allowance and exempt
property. The personal representative may make these selections if the surviving spouse, the
children or the guardians of the minor children are unable or fail to do so within a reasonable
time or if there are no guardians of the minor children. The personal representative may execute
an instrument or deed of distribution to establish the ownership of property taken as homestead
allowance or exempt property. He or she may determine the family allowance in a lump sum not
exceeding fifteen thousand dollars ($15,000) or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-113.htm - 1K - Match Info - Similar pages
10A-17-1.10
Section 10A-17-1.10 Disposition of personal property of inactive or dissolved nonprofit association.
If a nonprofit association has been inactive for five years or longer, or has been dissolved,
a person in possession or control of personal property of the nonprofit association may transfer
the property: (1) If a document of a nonprofit association specifies a person to whom transfer
is to be made under these circumstances, to that person; or (2) If no person is so specified,
to a nonprofit association or nonprofit corporation pursuing broadly similar purposes, or
to a government or governmental subdivision, agency, or instrumentality. (Acts 1995, No. 95-527,
p. 1064, §10; §10-3B-10; amended and renumbered by Act 2009-513, p. 967, §320.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-17-1.10.htm - 1K - Match Info - Similar pages
10A-8A-1.02
Section 10A-8A-1.02 Definitions. Notwithstanding Section 10A-1-1.03, as used in this chapter,
unless the context otherwise requires, the following terms mean: (1) "Business"
includes every trade, occupation, and profession for profit. (2) "Disqualified person"
means any person who is not a qualified person. (3) "Distribution" except as otherwise
provided in Section 10A-8A-4.09(f), means a transfer of money or other property from a partnership
to another person on account of a transferable interest. (4) "Foreign limited liability
partnership" means a foreign partnership whose partners have limited liability for the
debts, obligations, or other liabilities of the foreign partnership under a provision similar
to Section 10A-8A-3.06(c). (5) "Foreign partnership" means a partnership governed
by the laws of a jurisdiction other than this state which would be a partnership if governed
by the laws of this state. The term includes a foreign limited liability partnership. (6)
"Limited liability...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-8A-1.02.htm - 4K - Match Info - Similar pages
13A-9-42
Section 13A-9-42 False advertising. (a) A person commits the crime of false advertising if,
in connection with the promotion of a sale, transfer, consumption or use of property or services,
he makes or causes to be made a false or misleading statement in any advertisement addressed
to the public or to a substantial number of persons. (b) It is a defense to a prosecution
under this section if the actor acts neither knowingly nor recklessly in making the false
or misleading statement or in causing it to be made. The burden of injecting the issue is
on the defendant, but this does not shift the burden of proof. (c) False advertising is a
Class B misdemeanor. (Acts 1977, No. 607, p. 812, §4110.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-9-42.htm - 1K - Match Info - Similar pages
35-6-80
Section 35-6-80 When and by whom sale made. In all cases in which any person of unsound mind
or any minor shall hold an interest as tenant in common with others in one or more parcels
of land or realty in this state, and there shall be no valid authority to sell such interest
vested in any person by the terms of any instrument under which such person of unsound mind
or such minor holds such interest, and such sale shall not be prohibited or restricted by
such instrument, it shall be lawful for the guardian of such minor or person of unsound mind
to join the other tenants in common in selling any such parcel of land or realty for a division
of proceeds thereof, such sale to be made either publicly or privately, and upon such terms
as to payment and security for unpaid installments as such guardian may deem to the interest
of his ward, subject, however, to such sale being set aside as provided in this article. (Code
1907, §5253; Code 1923, §9357; Code 1940, T. 47, §219.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-80.htm - 1K - Match Info - Similar pages
22-19-170
Section 22-19-170 Persons that may receive anatomical gift; purpose of anatomical gift. (a)
An anatomical gift may be made to the following persons named in the document of gift: (1)
a hospital; accredited medical school, dental school, college, or university; organ procurement
organization; or other appropriate person, for research or education; (2) subject to subsection
(b), an individual designated by the person making the anatomical gift if the individual is
the recipient of the part; (3) an eye bank or tissue bank. (b) If an anatomical gift to an
individual under subsection (a)(2) cannot be transplanted into the individual, the part passes
in accordance with subsection (g) in the absence of an express, contrary indication by the
person making the anatomical gift. (c) If an anatomical gift of one or more specific parts
or of all parts is made in a document of gift that does not name a person described in subsection
(a) but identifies the purpose for which an anatomical gift may be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-19-170.htm - 4K - Match Info - Similar pages
|