8-9B-8
Section 8-9B-8 Remedies of creditor. (a) In an action for relief against a transfer under this
chapter, a creditor, subject to the limitations in Section 8-9B-9, may obtain: (1) avoidance
of the transfer to the extent necessary to satisfy the creditor's claim; (2) an attachment
or other provisional remedy against the asset transferred or other property of the transferee
if available under applicable law; and (3) subject to applicable principles of equity and
in accordance with applicable rules of civil procedure: (i) an injunction against further
disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(ii) appointment of a receiver to take charge of the asset transferred or of other property
of the transferee; or (iii) any other relief the circumstances may require. (b) If a creditor
has obtained a judgment on a claim against the debtor, the creditor, if the court so orders,
may levy execution on the asset transferred or its proceeds. (Act...
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27-7-38
Section 27-7-38 Privileged information. (a) Any communications, complaint, evidence, testimony,
document, deposition, affidavit, statement, or other proof filed, given, or proffered at the
hearing provided for in Section 27-7-37 shall be absolutely privileged to the same extent
as in a court of law and shall never form the subject matter of any action, claim, or proceeding
against the person filing, giving, or proffering the same nor against the principal or representative
of such person. (b) Reports of investigation, copies thereof, and information furnished the
commissioner by any insurer, agent, solicitor, broker, managing general agent, or service
representative and any other person shall be absolutely privileged communications, and no
such report, copy, information or document, affidavit, statement, deposition, or testimony
so furnished to the commissioner shall ever form the subject matter of any action, claim,
or proceeding against any such person. (Acts 1957, No. 530, p. 726,...
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5-19-5
Section 5-19-5 Acceptance of negotiable instruments as evidence of consumer debt. In a consumer
credit sale, the seller may not take as evidence of the obligation of the buyer, a negotiable
instrument other than (1) a check; or (2) a promise or order containing a statement, required
by applicable statutory or administrative law, to the effect that the rights of a holder or
transferee are subject to claims or defenses that the issuer could assert against the original
payee. A holder is not a holder in due course if the holder takes a negotiable instrument
with notice that it is issued in violation of this section. A holder in due course is not
subject to the liabilities prescribed in this chapter. (Acts 1971, No. 2052, p. 3290, §4;
Acts 1995, No. 95-668, p. 1381, §4; Acts 1996, No. 96-576, p. 887, §2.)...
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7-9A-512
Section 7-9A-512 Amendment of financing statement. (a) Amendment of information in financing
statement. Subject to Section 7-9A-509, a person may add or delete collateral covered by,
continue or terminate the effectiveness of, or, subject to subsection (e), otherwise amend
the information provided in, a financing statement by filing an amendment that: (1) identifies,
by its file number, the initial financing statement to which the amendment relates; and (2)
if the amendment relates to an initial financing statement filed or recorded in a filing office
described in Section 7-9A-501(a)(1), provides the information specified in Section 7-9A-502(b).
(b) Period of effectiveness not affected. Except as otherwise provided in Section 7-9A-515,
the filing of an amendment does not extend the period of effectiveness of the financing statement.
(c) Effectiveness of amendment adding collateral. A financing statement that is amended by
an amendment that adds collateral is effective as to the added...
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8-9A-7
Section 8-9A-7 Remedies of creditors. (a) In an action for relief against a transfer under
this chapter, the remedies available to creditors, subject to the limitations in Section 8-9A-8,
include: (1) Avoidance of the transfer to the extent necessary to satisfy the creditor's claim;
(2) An attachment or other provisional remedy against the asset transferred or other property
of the transferee in accordance with the procedure prescribed by any applicable provision
of any other statute or the Alabama Rules of Civil Procedure; (3) Subject to applicable principles
of equity and in accordance with applicable rules of civil procedure, a. An injunction against
further disposition by the debtor or a transferee, or both, of the asset transferred or of
other property; b. Appointment of a receiver to take charge of the asset transferred or of
other property of the transferee; or c. Any other relief the circumstances may require. (b)
If a creditor has obtained a judgment on a claim against the...
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7-9A-503
Section 7-9A-503 Name of debtor and secured party. (a) Sufficiency of debtor's name. A financing
statement sufficiently provides the name of the debtor: (1) except as otherwise provided in
paragraph (3), if the debtor is a registered organization or the collateral is held in a trust
that is a registered organization, only if the financing statement provides the name that
is stated to be the registered organization's name on the public organic record most recently
filed with or issued or enacted by the registered organization's jurisdiction of organization
which purports to state, amend, or restate the registered organization's name; (2) subject
to subsection (f), if the collateral is being administered by the personal representative
of a decedent, only if the financing statement provides, as the name of the debtor, the name
of the decedent and, in a separate part of the financing statement, indicates that the collateral
is being administered by a personal representative; (3) if the...
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7-9A-508
Section 7-9A-508 Effectiveness of financing statement if new debtor becomes bound by security
agreement. (a) Financing statement naming original debtor. Except as otherwise provided in
this section, a filed financing statement naming an original debtor is effective to perfect
a security interest in collateral in which a new debtor has or acquires rights to the extent
that the financing statement would have been effective had the original debtor acquired rights
in the collateral. (b) Financing statement becoming seriously misleading. If the difference
between the name of the original debtor and that of the new debtor causes a filed financing
statement that is effective under subsection (a) to be seriously misleading under Section
7-9A-506: (1) the financing statement is effective to perfect a security interest in collateral
acquired by the new debtor before, and within four months after, the new debtor becomes bound
under Section 7-9A-203(d); and (2) the financing statement is not...
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8-9B-6
Section 8-9B-6 Transfer voidable as to present creditor. (a) A transfer made by a debtor is
voidable as to a creditor whose claim arose before the transfer was made if the debtor made
the transfer without the debtor 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 voidable as to a creditor whose claim
arose before the transfer was made if the transfer was made to an insider for an antecedent
debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe
that the debtor was insolvent. (c) Subject to Section 8-9B-3(b), a creditor making a claim
for relief under subsection (a) or (b) has the burden of proving the elements of the claim
for relief by a preponderance of the evidence. (Act 2018-163, §1.)...
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35-10-22
Section 35-10-22 Partial payments - When entered on margin of record. A mortgagee or the assignee
or transferee of a debt secured by mortgage, or trustee or his assignee or transferee or cestui
que trust of a deed of trust to secure a debt, who has received partial payment, if the mortgage
or deed of trust is of record, must, upon request in writing to enter the date and amount
of such partial payment by the mortgagor, or by a judgment creditor, or other creditor of
the mortgagor having a lien or claim on the property mortgaged, or by a purchaser from the
mortgagor, or upon the written request of the debtor in a deed of trust, enter on the margin
of the record of the mortgage or deed of trust the date and amount of such partial payment
or payments; a mortgagee or the assignee or transferee of a debt secured by mortgage, or trustee
or his assignee or transferee or cestui que trust of a deed of trust to secure a debt, if
the mortgage or deed of trust is of record, must, upon request in...
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40-18-311
Section 40-18-311 Income tax deduction; contributions to catastrophe savings account. (a) An
individual taxpayer is allowed a deduction against income earned for state income tax purposes
imposed pursuant to Section 40-18-5, for amounts contributed to a catastrophe savings account
in accordance with subsection (c) and all interest income earned by a catastrophe savings
account is exempt from the tax imposed pursuant to Section 40-18-5. (b) A catastrophe savings
account is not subject to attachment, levy, garnishment, or legal process in this state. (c)
The total amount that may be contributed to a catastrophe savings account must not exceed
any of the following: (1) In the case of an individual whose qualified deductible is less
than or equal to one thousand dollars ($1,000), two thousand dollars ($2,000). (2) In the
case of an individual whose qualified deductible is greater than one thousand dollars ($1,000),
the amount equal to the lesser of fifteen thousand dollars ($15,000) or...
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