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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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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8-9A-6
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 deemed
made immediately before the commencement of the action; (3) If applicable law does not permit
the transfer to be perfected as provided in subdivision (1), the transfer is made when it
becomes effective between the debtor and the transferee. (4) Except with respect to personal
property and fixtures where a lender has perfected its security interest in such property
in which event paragraph (1)a shall apply, a transfer is not made until the debtor has acquired
rights in the asset transferred. (Acts 1989, No. 89-793, p. 1585, §6.)...
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8-9B-7
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 deemed made immediately before the commencement of the action; (3) if applicable law does
not permit the transfer to be perfected as provided in paragraph (1), the transfer is made
when it becomes effective between the debtor and the transferee; and (4) except with respect
to personal property and fixtures where a lender has perfected its security interest
in such property in which event paragraph (1)(i) shall apply, a transfer is not made until
the debtor has acquired rights in the asset transferred. (Act 2018-163, §1.)...
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7-9A-102
term includes: (A) proceeds to which a security interest attaches; (B) accounts, chattel paper,
payment intangibles, and promissory notes that have been sold; and (C) goods that are the
subject of a consignment. (13) "Commercial tort claim" means a claim arising in
tort with respect to which: (A) the claimant is an organization; or (B) the claimant is an
individual and the claim: (i) arose in the course of the claimant's business or profession;
and (ii) does not include damages arising out of personal injury to or the death
of an individual. (14) "Commodity account" means an account maintained by a commodity
intermediary in which a commodity contract is carried for a commodity customer. (15) "Commodity
contract" means a commodity futures contract, an option on a commodity futures contract,
a commodity option, or another contract if the contract or option is: (A) traded on or subject
to the rules of a board of trade that has been designated as a contract market for such a
contract...
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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...
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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...
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6-3-7
Section 6-3-7 Venue of actions - Against foreign and domestic corporations. (a) All civil actions
against corporations may be brought in any of the following counties: (1) In the county in
which a substantial part of the events or omissions giving rise to the claim occurred, or
a substantial part of real property that is the subject of the action is situated; or (2)
In the county of the corporation's principal office in this state; or (3) In the county in
which the plaintiff resided, or if the plaintiff is an entity other than an individual, where
the plaintiff had its principal office in this state, at the time of the accrual of the cause
of action, if such corporation does business by agent in the county of the plaintiff's residence;
or (4) If subdivisions (1), (2), or (3) do not apply, in any county in which the corporation
was doing business by agent at the time of the accrual of the cause of action. (b) The residence
of only any properly joined named class representative or...
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8-9B-2
and includes a security interest created by agreement, a judicial lien obtained by legal or
equitable process or proceedings, a common-law lien, or a statutory lien. (10) "Organization"
means a person other than an individual. (11) "Person" means an individual, estate,
partnership, association, trust, business or nonprofit entity, public corporation, government
or governmental subdivision, agency, or instrumentality, or other legal or commercial entity.
(12) "Property" means both real and personal property, whether tangible or
intangible, and any interest in property whether legal or equitable and includes anything
that may be the subject of ownership. (13) "Record" means information that is inscribed
on a tangible medium or that is stored in an electronic or other medium and is retrievable
in perceivable form. (14) "Relative" means an individual related by consanguinity
within the third degree as determined by the common law, a spouse, or an individual related
to a spouse within the...
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40-2B-2
as it deems best adapted for public convenience. Such publications shall be made permanently
available and constitute the official reports of the Alabama Tax Tribunal. (p) Service of
Process. (1) Mailing by first class or certified or registered mail, postage prepaid, to the
address of the taxpayer given on the taxpayer's notice of appeal, or to the address of the
taxpayer's representative of record, if any, or to the usual place of business of the Department
of Revenue, shall constitute personal service on the other party. The Alabama Tax Tribunal,
by rule, may prescribe that notice by other means shall constitute personal service
and, in a particular case, may order that notice be given to additional persons or by other
means. (2) Mailing by registered or certified mail and delivery by a private delivery service
approved by the Internal Revenue Service in accordance with Section 7502(f) of the Internal
Revenue Code of 1986, as amended, shall be deemed to have occurred,...
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