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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8-9B-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-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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43-8-1
the parent whose relationship is involved and excludes any person who is only a stepchild,
a foster child, a grandchild or any more remote descendant. (3) COURT. The court having jurisdiction
in matters relating to the affairs of decedents. This court in Alabama is known as the probate
court. (4) DAYS. That period of time as computed in accordance with section 1-1-4 and Rule
6(a), Alabama Rules of Civil Procedure. (5) DEVISE. When used as a noun, means a testamentary
disposition of real or personal property and when used as a verb, means to dispose
of real or personal property by will. (6) DEVISEE. Any person designated in a will
to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee
or trust described by will, the trust or trustee is the devisee and the beneficiaries are
not devisees. (7) DISTRIBUTEE. Any person who has received property of a decedent from his
personal representative other than as creditor or purchaser. A testamentary trustee
is...
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27-44-8
Section 27-44-8 Powers and duties of association. (a) If a member insurer is an impaired insurer,
the association may, in its discretion and subject to any conditions imposed by the association
that do not impair the contractual obligations of the impaired insurer, and that are approved
by the commissioner: (1) Guarantee or reinsure, or cause to be guaranteed, assumed, or reinsured,
any or all of the covered policies of the impaired insurers. (2) Provide such moneys, pledges,
notes, guarantees, or other means as are proper to effectuate subdivision (1), and assure
payment of the contractual obligations of the impaired insurer pending action under subdivision
(1). (b) If a member insurer is an insolvent insurer, the association shall, in its discretion
and subject to the approval of the commissioner, do either of the following: (1)a. Guarantee,
assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the covered policies
of the insolvent insurer. b. Assure payment of the...
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16-44B-1
Commission may deem appropriate. The executive director shall serve as secretary to the Interstate
Commission, but shall not be a Member of the Interstate Commission. The executive director
shall hire and supervise such other persons as may be authorized by the Interstate Commission.
D. The Interstate Commission's executive director and its employees shall be immune from suit
and liability, either personally or in their official capacity, for a claim for damage to
or loss of property or personal injury or other civil liability caused or arising
out of or relating to an actual or alleged act, error, or omission that occurred, or that
such person had a reasonable basis for believing occurred, within the scope of Interstate
Commission employment, duties, or responsibilities; provided, that such person shall not be
protected from suit or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person. 1. The liability of...
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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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6-5-248
Section 6-5-248 Who may redeem; priorities. (a) Where real estate, or any interest therein,
is sold, it may be redeemed by: (1) Any debtor, including any surety or guarantor. (2) Any
mortgagor, even if the mortgagor is not personally liable for payment of a debt. (3) Any junior
mortgagee, or its transferee. (4) Judgment creditor, or its transferee. (5) Any transferee
of the interests of the debtor or mortgagor, either before or after the sale. A transfer of
any kind made by the debtor or mortgagor will accomplish a transfer of the interests of that
party. (6) The respective spouses of all debtors, mortgagors, or transferees of any interest
of the debtor or mortgagor, who are spouses on the day of the execution, judgment, or foreclosure
sale. (7) Children, heirs, or devisees of any debtor or mortgagor. (b) All persons named or
enumerated in subdivisions (a)(1) through (a)(7) may exercise the right of redemption granted
by this article within 180 days from the date of the sale for...
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