|
8-9B-11
Section 8-9B-11 Governing law. (a) In this section, the following rules determine a debtor's
location: (1) A debtor who is an individual is located at the individual's principal residence.
(2) A debtor that is an organization and has only one place of business is located at its
place of business. (3) A debtor that is an organization and has more than one place of business
is located at its chief executive office. (b) A claim for relief in the nature of a claim
for relief under this chapter is governed by the local law of the jurisdiction in which the
debtor is located when the transfer is made. (Act 2018-163, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-9B-11.htm - 967 bytes - Match Info - Similar pages
10A-2-14.30
County, may dissolve the corporation: (1) In a proceeding by the Attorney General if it is
established that: (i) The corporation obtained its articles of incorporation through fraud;
or (ii) The corporation has continued to exceed or abuse the authority conferred upon it by
law; (2) In a proceeding by a shareholder if it is established that: (i) The directors are
deadlocked in the management of the corporate affairs, the shareholders are unable to break
the deadlock, and irreparable injury to the corporation is threatened or being suffered,
or the business and affairs of the corporation can no longer be conducted to the advantage
of the shareholders generally, because of the deadlock; (ii) The directors or those in control
of the corporation have acted, are acting, or will act in a manner that is illegal, oppressive,
or fraudulent; (iii) The shareholders are deadlocked in voting power and have failed, for
a period that includes at least two consecutive annual meeting dates, to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2-14.30.htm - 2K - Match Info - Similar pages
10A-3-7.10
court of the county in which the nonprofit corporation's principal office is located in this
state, and if none in this state, the circuit court for the county in which the nonprofit
corporation's most recent registered office is located shall have full power to liquidate
the assets and affairs of a nonprofit corporation: (1) In an action by a member or director
when it is established: a. That the directors are deadlocked in the management of the corporate
affairs and that irreparable injury to the nonprofit corporation is being suffered
or is threatened by reason thereof, and either that the members are unable to break the deadlock
or there are no members having voting rights; b. That the acts of the directors or those in
control of the nonprofit corporation are illegal, oppressive, or fraudulent; c. That the members
entitled to vote in the election of directors are deadlocked in voting power and have failed
for at least two years to elect successors to directors whose terms...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-3-7.10.htm - 2K - Match Info - Similar pages
43-2-746
Section 43-2-746 When claim allowed without further proof. If no opposition is made, in the
manner provided in section 43-2-747, within six months after the time when the estate was
declared insolvent, such claim must be allowed against the estate without further proof. (Code
1852, §1853; Code 1867, §2202; Code 1876, §2574; Code 1886, §2244; Code 1896, §312; Code
1907, §2780; Code 1923, §6019; Code 1940, T. 61, §406.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-746.htm - 764 bytes - Match Info - Similar pages
5-19-4
Section 5-19-4 Additional charges for default or deferral; prepayment; renewal or refinancing;
real property transactions. (a) When a scheduled payment in a consumer credit transaction
is in default 10 days or more, the creditor may charge and collect a late charge not exceeding
the greater of eighteen dollars ($18) or five percent of the amount of the scheduled payment
in default, not to exceed one hundred dollars ($100). The late charge may be collected only
once on any scheduled payment, regardless of the period during which the scheduled payment
remains in default. (b) With respect to the deferral of one or more wholly unpaid scheduled
payments in a consumer credit transaction, in which the finance charge was determined by the
precomputed method, the creditor may collect, by agreement with the debtor either before or
after default, an additional charge for each full month that any wholly unpaid scheduled payments
are outstanding after the due date of each scheduled payment equal to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-4.htm - 6K - Match Info - Similar pages
6-10-8
Section 6-10-8 Rights of beneficiaries and assignees under life insurance policies. If a policy
of insurance, whether heretofore or hereafter issued, is effected by any person on his or
her own life or on another life in favor of a person other than himself or herself or, except
in cases of transfer with intent to defraud creditors, if a policy of life insurance is assigned
or in any way made payable to any such person, the lawful beneficiary or assignee thereof,
other than the insured or the person so effecting such insurance, or his or her executors
or administrators, shall be entitled to its proceeds and avails against the creditors and
representatives of the insured and of the person effecting the same, whether or not the right
to change the beneficiary is reserved or permitted and whether or not the policy is made payable
to the person whose life is insured if the beneficiary or assignee shall predecease such person;
provided, that subject to the statute of limitations, the amount...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-8.htm - 2K - Match Info - Similar pages
40-18-104
Section 40-18-104 Hearing procedure. (a) When the claimant agency receives a protest or application
in writing from a taxpayer within 30 days of the notice issued by the department pursuant
to subsection (c) of Section 40-18-103, the claimant agency shall set a date to hear the protest
and give notice to the taxpayer by registered or certified mail of the date so set. The time
and place of such hearing shall be designated in such notice and the date set shall not be
less than 15 days from the date of such notice. If, at hearing, the sum asserted as due and
owing is found not to be correct, an adjustment to the claim may be made. The claimant agency
shall give notice to the debtor of its final determination and inform the debtor of his right
to appeal such final determination as provided in subsection (c) of this section. (b) No issues
shall be reconsidered at the hearing which have been previously litigated. (c) If any debtor
is dissatisfied with the final determination made at the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-18-104.htm - 1K - Match Info - Similar pages
43-2-747
Section 43-2-747 Objections. At any time within six months after the declaration of insolvency,
the administrator or any creditor, heir, legatee, devisee or distributee may object to the
allowance of any claim filed against the estate by filing objections thereto in writing; and,
thereupon, the court must cause an issue to be made up between the claimant and objector,
in which issue the correctness of such claim must be tried as in a civil action, if required;
and, if it is found for the claimant to the whole amount thereof, the same must be allowed
and such claimant recover the costs of the trial of such issue; but, if against the claimant,
the claim must be rejected, and the party contesting recovers the cost of the trial of such
issue. (Code 1852, §1854; Code 1867, §2203; Code 1876, §2575; Code 1886, §2245; Code 1896,
§313; Code 1907, §2781; Code 1923, §6020; Acts 1931, No. 732, p. 843; Code 1940, T. 61,
§407.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-747.htm - 1K - Match Info - Similar pages
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)....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-702.htm - 1K - Match Info - Similar pages
19-3-37
Section 19-3-37 Examination and auditing of account; judgment. Upon the day so appointed, or
any day to which the hearing may be continued, the register or clerk must proceed to examine
and audit the account; and upon such auditing, the assignor or any creditor or party in interest,
his representative or transferee, may move the register or clerk to charge the trustee with
sums other than those with which he has charged himself, or may object to the allowance of
any item for which he claims credit; and such matters must be heard and the account stated
and passed upon by the register or clerk and distribution made and judgment to creditors as
in insolvent estates administered in the court of probate; and after deducting the costs and
expenses of administration, including five percent commissions to the trustee on the amount
of money with which he is charged, and the allowance of reasonable charges for the preparation
of the deed of assignment, and after the discharge of all liens or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3-37.htm - 2K - Match Info - Similar pages
|