Alabama Statutes

§ 8-9A-5 — Transfers Fraudulent as to Present Creditors

Alabama § 8-9A-5
JurisdictionAlabama
Title 8Commercial Law and Consumer Protection
Ch. 9AAlabama Fraudulent Transfer Act

This text of Alabama § 8-9A-5 (Transfers Fraudulent as to Present Creditors) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ala. Code § 8-9A-5 (2026).

Text

(a)A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the debtor made the transfer without receiving a reasonably equivalent value in exchange for the transfer and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer.
(b)A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt and the debtor was insolvent at that time and the insider had reasonable cause to believe that the debtor was insolvent.

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Related

Andrews v. RBL, L.L.C. (In re Vista Bella, Inc.)
511 B.R. 163 (S.D. Alabama, 2014)
10 case citations
SE Property Holdings, LLC v. Braswell
255 F. Supp. 3d 1187 (S.D. Alabama, 2017)
5 case citations
Alexander v. J. Martin & Associates (In Re Terry Manufacturing Co.)
363 B.R. 233 (M.D. Alabama, 2007)
1 case citations

Legislative History

(Acts 1989, No. 89-793, p. 1585, §5.)

Nearby Sections

15
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Bluebook (online)
Alabama § 8-9A-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/al/8-9A-5.