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AL SB152

Bill

Status

Passed

2/27/2018

Primary Sponsor

Rodger Smitherman

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Origin

Senate

Regular Session 2018

AI Summary

SB152 Summary

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

  • Establishes procedures allowing creditors to reach assets a debtor has transferred to another person to prevent the assets from being used to settle a debt.

  • Creates voidable transfer standards including transfers made with actual intent to defraud or without reasonably equivalent value when the debtor was insolvent or engaged in undercapitalized business activities.

  • Sets specific statute of limitations for creditor claims ranging from one to ten years depending on the type of transfer and timing of the creditor's claim.

  • Effective January 1, 2019, with the prior UFTA (Sections 8-9A-1 to 8-9A-12) remaining applicable to 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

Assigned Act No. 2018-163.

2/27/2018

Committee Referrals

Judiciary2/6/2018
Banking and Insurance1/11/2018

Full Bill Text

No bill text available