§ 13A-9-48 — Fraud in Insolvency

Alabama § 13A-9-48

• Jurisdiction: Alabama
• Title 13A: Criminal Code
• Ch. 9: Forgery and Fraudulent Practices
• Art. 2: Business Frauds

Text

(a) A person commits the crime of fraud in insolvency if, with the intent to defraud a creditor and with knowledge or reason to believe either that proceedings have been or are about to be instituted for the appointment of a receiver or that a composition agreement or other arrangement for the benefit of creditors has been or is about to be made, he:
(1) Conveys, transfers, removes, conceals, destroys, encumbers or otherwise disposes of any part of or any interest in the debtor’s estate; or
(2) Presents to any creditor or to the receiver any writing or record relating to the debtor’s estate, not otherwise within the coverage of Sections 13A-10-101, 13A-10-102 or 13A-10-109, knowing or having reason to believe that it contains a false material statement; or
(3) Misrepresents or refuses to disclose to the receiver, under circumstances not amounting to a violation of Section 13A-10-4, the existence, amount or location of any part of or an interest in debtor’s estate, or any other information that he is legally required to furnish to the administrator.
(b) “Receiver” means an assignee or trustee for the benefit of creditors, a conservator, a liquidator or any other person legally entitled to administer property for the benefit of creditors.
(c) Fraud in insolvency is a Class B misdemeanor.

Legislative History

(Acts 1977, No. 607, p. 812, §4140; Acts 1979, No. 79-664, p. 1163, §1.)