6-6-183
Section 6-6-183 Complaint for discovery of assets - Execution returned "no property found"
or creditor without lien or judgment; answer of debtor. A creditor, having obtained a judgment
upon which execution has issued and been returned "no property found" or a creditor
without a lien or judgment may, in a court of competent jurisdiction of the county in which
the judgment debtor resides or in a like court of the county in which the judgment was entered,
file a complaint for the discovery of the assets of the debtor subject to the payment of debts;
and the debtor must answer on oath and disclose all property, real or personal, in which he
may have or may claim an interest, legal or equitable; all moneys, effects, or choses in action
in which he may have or may claim an interest, legal or equitable; where such property, real
or personal, is situated or may be found; who has or may claim possession thereof; in whose
possession are the moneys, effects, or choses in action in which he has...
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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-328
Section 7-9A-328 Priority of security interests in investment property. The following rules
govern priority among conflicting security interests in the same investment property: (1)
A security interest held by a secured party having control of investment property under Section
7-9A-106 has priority over a security interest held by a secured party that does not have
control of the investment property. (2) Except as otherwise provided in paragraphs (3) and
(4), conflicting security interests held by secured parties each of which has control under
Section 7-9A-106 rank according to priority in time of: (A) if the collateral is a security,
obtaining control; (B) if the collateral is a security entitlement carried in a securities
account and: (i) if the secured party obtained control under Section 7-8-106(d)(1), the secured
party's becoming the person for which the securities account is maintained; (ii) if the secured
party obtained control under Section 7-8-106(d)(2), the securities...
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7-9A-515
Section 7-9A-515 Duration and effectiveness of financing statement; effect of lapsed financing
statement. (a) Five-year effectiveness. Except as otherwise provided in subsections (b), (e),
(f), (g), and (h), a filed financing statement is effective for a period of five years after
the date of filing. (b) Manufactured-home transaction. Except as otherwise provided in subsections
(e), (f), and (g), an initial financing statement filed in connection with a manufactured-home
transaction is effective for a period of 30 years after the date of filing if it indicates
that it is filed in connection with a manufactured-home transaction. (c) Lapse and continuation
of financing statement. The effectiveness of a filed financing statement lapses on the expiration
of the period of its effectiveness unless before the lapse a continuation statement is filed
pursuant to subsection (d). Upon lapse, a financing statement ceases to be effective and any
security interest or agricultural lien that was...
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8-9A-3
Section 8-9A-3 Value. (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. (Acts 1989, No. 89-793, p. 1585, §3.)...
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8-9B-4
Section 8-9B-4 Value. (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 made otherwise than in the ordinary course of the promisor's business
to furnish support to the debtor or another person. (b) For the purposes of Section 8-9B-5
(a)(2) and Section 8-9B-6, 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. (Act 2018-163,
§1.)...
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16-60-91
Section 16-60-91 Execution, form, terms, sale, etc., of bonds; use of proceeds; security; bonds
legal investments. The bonds of the authority shall be signed by its president and attested
by its secretary and the seal of the authority shall be affixed thereto, and any interest
coupons applicable to such bonds shall be signed by the president; provided, that a facsimile
of the signature of one, but not both, of said officers may be printed or otherwise reproduced
on any such bonds in lieu of his signing the same, a facsimile of the seal of the authority
may be printed or otherwise reproduced on any such bonds in lieu of being manually affixed
thereto and a facsimile of the president's signature may be printed or otherwise reproduced
on any such interest coupons in lieu of his signing the same. Any bonds of the authority may
be executed and delivered by it at any time and from time to time, shall be in such form and
denominations and of such tenor and maturities, shall bear such rate or...
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7-8-306
Section 7-8-306 Effect of guaranteeing signature, indorsement, or instruction. (a) A person
who guarantees a signature of an indorser of a security certificate warrants that at the time
of signing: (1) the signature was genuine; (2) the signer was an appropriate person to indorse,
or if the signature is by an agent, the agent had actual authority to act on behalf of the
appropriate person; and (3) the signer had legal capacity to sign. (b) A person who guarantees
a signature of the originator of an instruction warrants that at the time of signing: (1)
the signature was genuine; (2) the signer was an appropriate person to originate the instruction,
or if the signature is by an agent, the agent had actual authority to act on behalf of the
appropriate person, if the person specified in the instruction as the registered owner was,
in fact, the registered owner, as to which fact the signature guarantor does not make a warranty;
and (3) the signer had legal capacity to sign. (c) A person who...
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7-9A-333
Section 7-9A-333 Priority of certain liens arising by operation of law. (a) "Possessory
lien." In this section, "possessory lien" means an interest, other than a security
interest or an agricultural lien: (1) which secures payment or performance of an obligation
for services or materials furnished with respect to goods by a person in the ordinary course
of the person's business; (2) which is created by statute or rule of law in favor of the person;
and (3) whose effectiveness depends on the person's possession of the goods. (b) Priority
of possessory lien. A possessory lien on goods has priority over a security interest in the
goods unless the lien is created by a statute that expressly provides otherwise. (c) Priority
of landlord's lien. Priority conflicts between a landlord's lien for rent arising by operation
of law, other than an agricultural lien, and a security interest in goods brought on leased
premises shall be determined as follows: (1) If the security interest attaches after...
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11-70-2
Section 11-70-2 Initiation and notice of action. (a) Class 2 municipalities may initiate an
expedited quiet title and foreclosure action under this chapter against a parcel of tax sale
property located within its municipal limits and purchased by the municipality. The municipality
shall record, in the office of the judge of probate in the county in which the property is
located, a notice of its intention to file an expedited quiet title and foreclosure action.
The notice shall include a legal description of the property, street address of the property
if available, a statement that the property is subject to expedited quiet title and foreclosure
proceedings under this chapter, and a statement that those proceedings may extinguish any
legal interests in the property. As used herein, interested parties shall mean the owner,
his or her heirs or personal representatives, any mortgagee or purchaser of the subject property
or any part thereof, and any party with an interest in the property,...
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