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AL HB181

Bill

Status

Introduced

1/11/2018

Primary Sponsor

Matt Fridy

Click for details

Origin

House of Representatives

Regular Session 2018

AI Summary

HB181 Summary

  • Adopts the Alabama Uniform Voidable Transactions Act to replace the existing Uniform Fraudulent Transfers Act (UFTA) for transactions occurring after January 1, 2019.

  • Establishes procedures allowing creditors to void or reach assets transferred by debtors with actual intent to defraud, or transferred without reasonably equivalent value when the debtor was insolvent or engaged in undercapitalized business.

  • Creates different timelines for creditor claims: 10 years for real property transfers, 6 years for personal property transfers, and 1-4 years depending on whether creditor claims arose before or after the transfer.

  • Provides remedies including transfer avoidance, attachment of transferred assets, receiver appointment, and execution on transferred property, while protecting good-faith transferees who gave reasonably equivalent value.

  • Applies to transfers made on or after January 1, 2019, with the prior UFTA continuing to govern transfers made before that date.

Legislative Description

Alabama Uniform Voidable Transfers Act, adopted, creditors, procedures to reach assets transferred to prevent seizure established, Secs. 8-9B-1 to 8-9B-17, inclusive, added

Property, Real and Personal

Last Action

Pending third reading on day 7 Favorable from Judiciary

1/25/2018

Committee Referrals

Judiciary1/11/2018

Full Bill Text

No bill text available