8-9A-4
Section 8-9A-4 Transfers fraudulent as to present and future creditors. (a) A transfer made
by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after
the transfer was made, if the debtor made the transfer with actual intent to hinder, delay,
or defraud any creditor of the debtor. (b) In determining actual intent under subsection (a),
consideration may be given, among other factors, to whether: (1) The transfer was to an insider;
(2) The debtor retained possession or control of the property transferred after the transfer;
(3) The transfer was disclosed or concealed; (4) Before the transfer was made the debtor had
been sued or threatened with suit; (5) The transfer was of substantially all the debtor's
assets; (6) The debtor absconded; (7) The debtor removed or concealed assets; (8) The value
of the consideration received by the debtor was reasonably equivalent to the value of the
asset transferred; (9) The debtor was insolvent or became insolvent...
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8-9B-5
Section 8-9B-5 Transfer voidable as to present or future creditor. (a) A transfer made by a
debtor is voidable as to a creditor, whether the creditor's claim arose before or after the
transfer was made, if the debtor made the transfer: (1) with actual intent to hinder, delay,
or defraud any creditor of the debtor; or (2) without receiving a reasonably equivalent value
in exchange for the transfer, and the debtor: (i) was engaged or was about to engage in a
business or a transaction for which the remaining assets of the debtor were unreasonably small
in relation to the business or transaction; or (ii) intended to incur, or believed or reasonably
should have believed that the debtor would incur, debts beyond the debtor's ability to pay
as they became due. (b) In determining actual intent under subsection (a)(1), consideration
may be given, among other factors, to whether: (1) the transfer was to an insider; (2) the
debtor retained possession or control of the property transferred after...
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35-4-434
Section 35-4-434 Disclosure. (a) Any contract for the sale of real property subject to a private
transfer fee obligation shall include a provision disclosing the existence of that obligation,
a description of the obligation, and a statement that private transfer fee obligations are
subject to certain prohibitions under this article. A contract for sale of real property which
does not conform to the requirements of this section is not enforceable by the seller against
the buyer, nor is the buyer liable to the seller for damages under such a contract, and the
buyer under the contract is entitled to the return of all deposits made in connection with
the sale of the real property. (b) Where a private transfer fee obligation is not disclosed
under subsection (a) and a buyer subsequently discovers the existence of the private transfer
fee obligation after title to the property has passed to the buyer, the buyer has the right
to recover both: (1) Any and all damages resulting from the failure...
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22-22A-9
Section 22-22A-9 Transfer of functions, personnel, equipment, funds, etc., to Department of
Environmental Management. (a) All employees engaged in duties pertaining to the functions
transferred by this chapter to the department, shall be assigned to the department on October
1, 1982, to perform their usual duties, subject to any action that may be appropriate thereafter
in accordance with the laws and rules governing personnel and employees. (b) All files, books,
papers, records, equipment, furniture, motor vehicles, any other tangible property, and any
other asset employed in carrying out the powers, duties and functions transferred by this
chapter to the department shall, on October 1, 1982, be transferred to the department. (c)
All reports, documents, surveys, books, records, files, correspondence, papers or other writings
in the possession of any department, division, bureau, board, commission or other agency,
the functions, powers and duties of which have been transferred to the...
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24-9-7
Section 24-9-7 Disposition of tax delinquent properties. (a) The authority shall adopt rules
and regulations for the disposition of property in which the authority holds a legal interest,
which rules and regulations shall address the conditions set forth in this section. (b) The
authority may manage, maintain, protect, rent, repair, insure, alter, convey, sell, transfer,
exchange, lease as lessor, or otherwise dispose of property or rights or interests in property
in which the authority holds a legal interest to any public or private person for value determined
by the authority on terms and conditions, and in a manner and for an amount of consideration
the authority considers proper, fair, and valuable, including for no monetary consideration.
The transfer and use of property under this section and the exercise by the authority of powers
and duties under Act 2013-249 shall be considered a necessary public purpose and for the benefit
of the public. (c) Before the authority may sell,...
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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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10A-17-1.06
Section 10A-17-1.06 Statement of authority as to real property. (a) A nonprofit association
shall execute and record a statement of authority to transfer an estate or interest in real
property in the name of the nonprofit association. (b) An estate or interest in real property
in the name of a nonprofit association may be transferred by a person so authorized in a statement
of authority recorded in the office of the judge of probate of the county in which the real
property is located. (c) A statement of authority shall set forth: (1) The name of the nonprofit
association; (2) The address in Alabama, including the street address, if any, of the nonprofit
association, or, if the nonprofit association does not have an address in Alabama, its address
out of state; (3) The name or title of a person authorized to transfer an estate or interest
in real property held in the name of the nonprofit association; and (4) The action, procedure,
or vote of the nonprofit association which authorizes...
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22-22A-10
Section 22-22A-10 Transfer of functions, personnel, equipment, etc., of coastal area board
to Office of State Planning and Federal Programs; exception. (a) On October 1, 1982, all functions
of the Coastal Area Board, as set forth in Sections 9-7-10 through 9-7-22, except those which
relate to permitting, regulatory and enforcement functions, shall be transferred to the Office
of State Planning and Federal Programs established pursuant to Sections 41-9-205 through 41-9-214.
(b) All employees engaged in duties pertaining to the functions transferred by this section,
shall be assigned to the Office of State Planning and Federal Programs on October 1, 1982
to perform their usual duties, subject to any action that may be appropriate thereafter in
accordance with the laws and rules governing personnel and employees. (c) All files, books,
papers, records, equipment, furniture, motor vehicles, any other tangible property and any
other asset employed in carrying out the powers, duties and...
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43-2-350
Section 43-2-350 Time and manner of filing claims - Generally. (a) All claims against the estate
of a decedent, held by the personal representative of the decedent or by an assignee or transferee
of the personal representative, or in which the personal representative has an interest, whether
due or to become due, must be presented within six months after the grant of letters, or within
five months from the date of the first publication of notice, whichever is the later to occur,
provided however, that any creditor entitled to actual notice as prescribed in section 43-2-61
must be allowed thirty days after notice within which to present the claim, by filing the
claims, or statement thereof, verified by affidavit, in the office of the judge of probate,
in all respects as provided by section 43-2-352. All claims not so presented and filed are
forever barred, and the payment or allowance thereof is prohibited. But this subsection shall
not apply to claims of personal representatives to...
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