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8-9B-3
Section 8-9B-3 Insolvency. (a) A debtor is insolvent if the sum of the debtor's debts at a
fair valuation is greater than the sum of the debtor's assets at a fair valuation. (b) A debtor
that is generally not paying the debtor's debts as they become due other than as a result
of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against
which the presumption is directed the burden of proving that the nonexistence of insolvency
is more probable than its existence. (c) Assets under this section do not include property
that has been transferred, concealed, or removed with intent to hinder, delay, or defraud
creditors or that has been transferred in a manner making the transfer voidable under this
chapter. (d) Debts under this section do not include an obligation to the extent it is secured
by a valid lien on property of the debtor not included as an asset. (Act 2018-163, §1.)...
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8-9A-2
Section 8-9A-2 Insolvency. (a) A debtor is insolvent if the sum of the debtor's debts is greater
than all of the debtor's assets at a fair valuation. (b) A debtor who is generally not paying
his debts as they become due is presumed to be insolvent. (c) A partnership is insolvent under
subsection (a) if the sum of the partnership's debts is greater than the aggregate, at a fair
valuation, of all of the partnership's assets and the sum of the excess of the value of each
general partner's nonpartnership assets over the partner's nonpartnership debts. (d) Assets
under this section do not include property that has been transferred, concealed, or removed
with intent to hinder, delay, or defraud creditors or that has been transferred in a manner
making the transfer voidable under this chapter. (e) Debts under this section do not include
an obligation to the extent it is secured by a valid lien on property of the debtor not included
as an asset. (Acts 1989, No. 89-793, p. 1585, §2.)...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise requires,
the following terms mean: (1) AFFILIATE. A person who controls, is controlled by, or is under
common control with another person. An affiliate of an individual includes the spouse, or
a parent or sibling thereof, of the individual, or a child, grandchild, sibling, parent, or
spouse of any thereof, of the individual, or an individual having the same home as the individual,
or a trust or estate of which an individual specified in this sentence is a substantial beneficiary;
a trust, estate, incompetent, conservatee, protected person, or minor of which the individual
is a fiduciary; or an entity of which the individual is director, general partner, agent,
employee or the governing authority or member of the governing authority. (2) ASSOCIATE. When
used to indicate a relationship with: (A) a domestic or foreign entity for which the person
is: (i) an officer or governing person; or (ii) a beneficial...
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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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27-31B-22
Section 27-31B-22 Protected cell captive insurance companies. (a) One or more sponsors may
form a protected cell captive insurance company under this chapter. (b) A protected cell captive
insurance company formed or licensed under this chapter may establish and maintain one or
more protected cells to insure risks of one or more participants, subject to all of the following
conditions: (1) Each protected cell shall be accounted for separately on the books and records
of the protected cell captive insurance company to reflect the financial condition and results
of operations of the protected cell, net income or loss, dividends or other distributions
to participants, and other factors as may be provided in the participant contract or required
by the commissioner. (2) The assets of a protected cell shall not be chargeable with liabilities
arising out of any other insurance business the protected cell captive insurance company may
conduct. (3) No sale, exchange, or other transfer of assets...
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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-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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-9A-3.htm - 1K - Match Info - Similar pages
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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