reglab/housing_qa huggingface dataset:
AL Code § 8-9-5 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9 - Frauds.|Section 8-9-5 - Representation or Assurance of Another's Credit to Be in Writing.

Section 8-9-5Representation or assurance of another's credit to be in writing. No action can be maintained to charge any person, by reason of any representation or assurance made, concerning the character, conduct, ability, trade, or dealings of any other person, when such action is brought by the person to whom such representation or assurance was made, unless the same is in writing, signed by a party sought to be charged. (Code 1852, §1553; Code 1867, §1864; Code 1876, §2123; Code 1886, §1734; Code 1896, §2155; Code 1907, §4292; Code 1923, §8037; Code 1940, T. 20, §6.)
AL Code § 8-9-8 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9 - Frauds.|Section 8-9-8 - When General Assignment or Conveyance of Substantially All Property by Debtor Inures to Benefit of All Creditors Equally.

Section 8-9-8When general assignment or conveyance of substantially all property by debtor inures to benefit of all creditors equally. (a) Every general assignment made by a debtor or a conveyance by a debtor of substantially all of his property subject to execution in payment of a prior debt by which a preference or priority of payment is given to one or more creditors over the remaining creditors of the grantor shall be and inure to the benefit of all the creditors of the grantor equally. (b) This section shall not apply to or embrace mortgages, pledges, or pawns given to secure a debt contracted contemporaneously with the execution of the mortgage, pledge, or pawn and for the security of which the mortgage, pledge, or pawn was given. (c) A "general assignment" within the meaning of this section shall include, in addition to the conveyances now defined as such by law, every judgment confessed, attachment procured by a debtor or other disposition of property by which a debtor conveys all, or substantially all, of his property subject to execution in payment of, or as the security for, a prior debt or charges such property with the payment of such debt. (Code 1876, §2126; Code 1886, §1737; Code 1896, §2158; Code 1907, §4295; Code 1923, §8040; Code 1940, T. 20, §9.)
AL Code § 8-9-10 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9 - Frauds.|Section 8-9-10 - Agreement in Contract to Forfeit Right of Action for Not Presenting Damage Claim Void; Exceptions.

Section 8-9-10Agreement in contract to forfeit right of action for not presenting damage claim void; exceptions. Any agreement, convenant, or stipulation in any contract, verbal or written, forfeiting any right of action for failure to present to the party liable a claim for damages, is void; but this section shall not prevent stipulations requiring the giving of informaiton by one party to another within a reasonable time of the happening of any event peculiarly within the knowlege of one of the parties to such contract. (Code 1907, § 4297; Code 1923, § 8048; Code 1940, T. 20, §17.)
AL Code § 8-9-11 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9 - Frauds.|Section 8-9-11 - Agreements to Confess Judgment, Be Sued in Different Venue or Authorize Another to Confess Judgment Before Commencement of Action Void; Annulment of Illegal Judgments.

Section 8-9-11Agreements to confess judgment, be sued in different venue or authorize another to confess judgment before commencement of action void; annulment of illegal judgments. All agreements, contracts, or stipulations to confess judgment in any of the courts of this state, to be sued in any county other than that fixed by the venue statutes of this state, or to authorize another to confess judgment in any of the courts of this state made before the commencement of the action in which such judgments are so confessed shall be void, and all judgments by such unlawful confession, or otherwise taken or had in violation of this section, shall be set aside and annulled on motion if made within six months after the entry of such judgment. (Code 1907, §4296; Code 1923, §8047; Code 1940, T. 20, §16.)
AL Code § 8-9-12 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9 - Frauds.|Section 8-9-12 - Realty Conveyance Wherein Grantee Agrees to Support Grantor During Life Voidable; Exceptions.

Section 8-9-12Realty conveyance wherein grantee agrees to support grantor during life voidable; exceptions. Any conveyance of realty wherein a material part of the consideration is the agreement of the grantee to support the grantor during life is void at the option of the grantor, except as to bona fide purchasers for value, lienees, and mortgagees without notice, if, during the life of the grantor, he takes proceedings to annul such conveyance. (Code 1923, §8046; Code 1940, T. 20, §15.)
AL Code § 8-9A-2 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9A - Alabama Fraudulent Transfer Act.|Section 8-9A-2 - Insolvency.

Section 8-9A-2Insolvency. (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.)
AL Code § 8-9A-3 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9A - Alabama Fraudulent Transfer Act.|Section 8-9A-3 - Value.

Section 8-9A-3Value. (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.)
AL Code § 8-9A-4 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9A - Alabama Fraudulent Transfer Act.|Section 8-9A-4 - Transfers Fraudulent as to Present and Future Creditors.

Section 8-9A-4Transfers 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 shortly after the transfer was made; (10) The transfer occurred shortly before or shortly after a substantial debt was incurred; and (11) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor. (c) 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 without receiving a reasonably equivalent value in exchange for the transfer and the debtor: (1) 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 (2) Intended to incur, or believed or reasonably should have believed that he or she would incur, debts beyond his or her ability to pay as they became due. (Acts 1989, No. 89-793, p. 1585, §4.)
AL Code § 8-9A-5 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9A - Alabama Fraudulent Transfer Act.|Section 8-9A-5 - Transfers Fraudulent as to Present Creditors.

Section 8-9A-5Transfers fraudulent as to present creditors. (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. (Acts 1989, No. 89-793, p. 1585, §5.)
AL Code § 8-9A-6 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9A - Alabama Fraudulent Transfer Act.|Section 8-9A-6 - When Transfer Is Made.

Section 8-9A-6When transfer is made. For the purposes of this chapter: (1) A transfer is made: a. With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and b. With 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 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.)
AL Code § 8-9A-7 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9A - Alabama Fraudulent Transfer Act.|Section 8-9A-7 - Remedies of Creditors.

Section 8-9A-7Remedies 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 debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds. (Acts 1989, No. 89-793, p. 1585, §7.)
AL Code § 8-9A-8 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9A - Alabama Fraudulent Transfer Act.|Section 8-9A-8 - Defenses, Liability, and Protection of Transferee.

Section 8-9A-8Defenses, 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 judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require. (d) Notwithstanding voidability of a transfer under this chapter, a good-faith transferee is entitled, to the extent of the value given the debtor for the transfer or to another person as a consequence of the debtor's making such transfer, to (1) A lien on or a right to retain any interest in the asset transferred; or (2) A reduction in the amount of the liability on the judgment. (e) A transfer is not voidable under Section 8-9A-4(c) or Section 8-9A-5 if the transfer results from: (1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or (2) Enforcement of a security interest in compliance with Article 9 of Title 7 of the Uniform Commercial Code or a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor under a mortgage or deed of trust. (f) A transfer is not voidable under Section 8-9A-5(b): (1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien; (2) If made in the ordinary course of business or financial affairs of the debtor and the insider; or (3) If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as antecedent debt of the debtor. (Acts 1989, No. 89-793, p. 1585, §8.)
AL Code § 8-9A-9 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9A - Alabama Fraudulent Transfer Act.|Section 8-9A-9 - Extinguishment of Claim for Relief.

Section 8-9A-9Extinguishment of claim for relief. A claim for relief with respect to a fraudulent transfer under this chapter is extinguished unless action is brought: (1) Under Section 8-9A-4(a) within 10 years after the transfer of real property was made. (2) Under Section 8-9A-4(a) within six years after the transfer of personal property was made. (3) Under Section 8-9A-4(c) or 8-9A-5(a), within four years after the transfer was made when the action is brought by a creditor whose claim arose before the transfer was made. (4) Under Section 8-9A-4(c), within one year after the transfer was made when the action is brought by a creditor whose claim arose after the transfer was made; or (5) Under Section 8-9A-5(b), within one year after the transfer was made. (Acts 1989, No. 89-793, p. 1585, §9.)
AL Code § 8-9A-10 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9A - Alabama Fraudulent Transfer Act.|Section 8-9A-10 - Supplementary Provisions.

Section 8-9A-10Supplementary provisions. Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions. (Acts 1989, No. 89-793, p. 1585, §10.)
AL Code § 8-9A-11 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9A - Alabama Fraudulent Transfer Act.|Section 8-9A-11 - Uniformity of Application and Construction.

Section 8-9A-11Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. (Acts 1989, No. 89-793, p. 1585, §11.)
AL Code § 8-9A-12 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9A - Alabama Fraudulent Transfer Act.|Section 8-9A-12 - Short Title.

Section 8-9A-12Short title. This chapter may be cited as the "Alabama Uniform Fraudulent Transfer Act." (Acts 1989, No. 89-793, p. 1585, §12.)
AL Code § 8-9B-1 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9B - Alabama Uniform Voidable Transactions Act|Section 8-9B-1 - Short Title.

Section 8-9B-1Short title. This chapter may be cited as the Alabama Uniform Voidable Transactions Act. (Act 2018-163, §1.)
AL Code § 8-9B-3 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9B - Alabama Uniform Voidable Transactions Act|Section 8-9B-3 - Insolvency.

Section 8-9B-3Insolvency. (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.)
AL Code § 8-9B-4 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9B - Alabama Uniform Voidable Transactions Act|Section 8-9B-4 - Value.

Section 8-9B-4Value. (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.)
AL Code § 8-9B-5 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9B - Alabama Uniform Voidable Transactions Act|Section 8-9B-5 - Transfer Voidable as to Present or Future Creditor.

Section 8-9B-5Transfer 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 the transfer; (3) the transfer was concealed or not disclosed; (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 not reasonably equivalent to the value of the asset transferred; (9) the debtor was insolvent or became insolvent shortly after the transfer was made; (10) the transfer occurred shortly before or shortly after a substantial debt was incurred; and (11) the debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor. (c) A creditor making a claim for relief under subsection (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence. (Act 2018-163, §1.)
AL Code § 8-9B-6 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 9B - Alabama Uniform Voidable Transactions Act|Section 8-9B-6 - Transfer Voidable as to Present Creditor.

Section 8-9B-6Transfer voidable as to present creditor. (a) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the debtor made the transfer without the debtor 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 voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent. (c) Subject to Section 8-9B-3(b), a creditor making a claim for relief under subsection (a) or (b) has the burden of proving the elements of the claim for relief by a preponderance of the evidence. (Act 2018-163, §1.)