Code of Alabama

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7-2-402
Section 7-2-402 Rights of seller's creditors against sold goods. (1) Except as provided
in subsections (2) and (3), rights of unsecured creditors of the seller with respect to goods
which have been identified to a contract for sale are subject to the buyer's rights to recover
the goods under this article (Sections 7-2-502 and 7-2-716). (2) A creditor of the seller
may treat a sale or an identification of goods to a contract for sale as void if as against
him a retention of possession by the seller is fraudulent under any rule of law of the state
where the goods are situated, except that retention of possession in good faith and current
course of trade by a merchant-seller for a commercially reasonable time after a sale or identification
is not fraudulent. (3) Nothing in this article shall be deemed to impair the rights of creditors
of the seller: (a) Under the provisions of the article on secured transactions (Article 9);
or (b) Where identification to the contract or delivery is made...
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7-2A-308
Section 7-2A-308 Special rights of creditors. (1) A creditor of a lessor in possession
of goods subject to a lease contract may treat the lease contract as void if as against the
creditor retention of possession by the lessor is fraudulent under any statute or rule of
law, but retention of possession in good faith and current course of trade by the lessor for
a commercially reasonable time after the lease contract becomes enforceable is not fraudulent.
(2) Nothing in this article impairs the rights of creditors of a lessor if the lease contract
is made under circumstances which under any statute or rule of law apart from this article
would constitute the transaction a fraudulent transfer or voidable preference. (3) A creditor
of a seller may treat a sale or an identification of goods to a contract for sale as void
if as against the creditor retention of possession by the seller is fraudulent under any statute
or rule of law, but retention of possession of the goods pursuant to a lease...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person
engaged in the business of banking and includes a savings bank, savings and loan association,
credit union, and trust company. (5) "Bearer" means a person in possession of a
negotiable instrument, document of title, or...
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7-2-702
Section 7-2-702 Seller's remedies on discovery of buyer's insolvency. (1) Where the
seller discovers the buyer to be insolvent he may refuse delivery except for cash, including
payment for all goods theretofore delivered under the contract, and stop delivery under this
article (Section 7-2-705). (2) Where the seller discovers that the buyer has received
goods on credit while insolvent he may reclaim the goods upon demand made within 10 days after
the receipt, but if misrepresentation of solvency has been made to the particular seller in
writing within three months before delivery the 10-day limitation does not apply. Except as
provided in this subsection the seller may not base a right to reclaim goods on the buyer's
fraudulent or innocent misrepresentation of solvency or of intent to pay. (3) The seller's
right to reclaim under subsection (2) is subject to the rights of a buyer in ordinary course
or other good faith purchaser or lien creditor under this article (Section 7-2-403)....

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7-2-706
Section 7-2-706 Seller's resale including contract for resale. (1) Under the conditions
stated in Section 7-2-703 on seller's remedies, the seller may resell the goods concerned
or the undelivered balance thereof. Where the resale is made in good faith and in a commercially
reasonable manner the seller may recover the difference between the resale price and the contract
price together with any incidental damages allowed under the provisions of this article (Section
7-2-710), but less expenses saved in consequence of the buyer's breach. (2) Except as otherwise
provided in subsection (3) or unless otherwise agreed resale may be at public or private sale
including sale by way of one or more contracts to sell or of identification to an existing
contract of the seller. Sale may be as a unit or in parcels and at any time and place and
on any terms, but every aspect of the sale, including the method, manner, time, place and
terms, must be commercially reasonable. The resale must be reasonably...
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7-2A-103
Section 7-2A-103 Definitions and index of definitions. (1) In this article unless the
context otherwise requires: (a) "Buyer in ordinary course of business" means a person
who in good faith and without knowledge that the sale to him or her is in violation of the
ownership rights or security interest or leasehold interest of a third party in the goods,
buys in ordinary course from a person in the business of selling goods of that kind but does
not include a pawnbroker. "Buying" may be for cash or by exchange of other property
or on secured or unsecured credit and includes receiving goods or documents of title under
a pre-existing contract for sale but does not include a transfer in bulk or as security for
or in total or partial satisfaction of a money debt. (b) "Cancellation" occurs when
either party puts an end to the lease contract for default by the other party. (c) "Commercial
unit" means such a unit of goods as by commercial usage is a single whole for purposes
of lease and...
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7-9A-102
Section 7-9A-102 Definitions and index of definitions. (a) Article 9A definitions. In
this article: (1) "Accession" means goods that are physically united with other
goods in such a manner that the identity of the original goods is not lost. (2) "Account,"
except as used in "account for," means a right to payment of a monetary obligation,
whether or not earned by performance, (i) for property that has been or is to be sold, leased,
licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,
(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred
or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of
a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge
card or information contained on or for use with the card, or (viii) as winnings in a lottery
or other game of chance operated or sponsored by a State, governmental unit of a State, or...

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7-2-401
Section 7-2-401 Passing of title; reservation for security; limited application of this
section. Each provision of this article with regard to the rights, obligations and
remedies of the seller, the buyer, purchasers or other third parties applies irrespective
of title to the goods except where the provision refers to such title. Insofar as situations
are not covered by the other provisions of this article and matters concerning title become
material the following rules apply: (1) Title to goods cannot pass under a contract for sale
prior to their identification to the contract (Section 7-2-501), and unless otherwise
explicitly agreed the buyer acquires by their identification a special property as limited
by this title. Any retention or reservation by the seller of the title (property) in goods
shipped or delivered to the buyer is limited in effect to a reservation of a security interest.
Subject to these provisions and to the provisions of the article on secured transactions (Article...

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8-9A-6
Section 8-9A-6 When transfer is made. For the purposes of this chapter: (1) A transfer
is made: a. With respect to an asset that is real property other than a fixture, but including
the interest of a seller or purchaser under a contract for the sale of the asset, when the
transfer is so far perfected that a good-faith purchaser of the asset from the debtor against
whom applicable law permits the transfer to be perfected cannot acquire an interest in the
asset that is superior to the interest of the transferee; and b. With respect to an asset
that is not real property or that is a fixture, when the transfer is so far perfected that
a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter
that is superior to the interest of the transferee; (2) If applicable law permits the transfer
to be perfected as provided in subdivision (1) and the transfer is not so perfected before
the commencement of an action for relief under this chapter, the transfer is...
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8-9B-7
Section 8-9B-7 When transfer is made. For the purposes of this chapter: (1) a transfer
is made: (i) with respect to an asset that is real property other than a fixture, but including
the interest of a seller or purchaser under a contract for the sale of the asset, when the
transfer is so far perfected that a good-faith purchaser of the asset from the debtor against
which applicable law permits the transfer to be perfected cannot acquire an interest in the
asset that is superior to the interest of the transferee; and (ii) with respect to an asset
that is not real property or that is a fixture, when the transfer is so far perfected that
a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter
that is superior to the interest of the transferee; (2) if applicable law permits the transfer
to be perfected as provided in paragraph (1) and the transfer is not so perfected before the
commencement of an action for relief under this chapter, the transfer is...
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