Alacivpro Ii-10

Front 1

What is the holding on arbitration in B.L. Harbert Int'l, Inc. v. Hercules Steel Co., 441 F.3d 905 (11th Cir. 2006)

Back 1

Construction contractor, seeking to recover delay damages from subcontractor, moved to vacate arbitration award in favor of subcontractor. The United States District Court for the Northern District of Alabama, No. 04-03255-CV-HS-S, Virginia Emerson Hopkins, J., denied relief, and contractor appealed. Held: Too bad.

Front 2

Jones-Williams Contr. Co. v. Town & Country Property, 923 So. 2d 321 (Ala. Civ. App. 2005)

Back 2

Car dealership brought an action against construction company that alleged claims of breach of contract, fraud, breach of warranties, negligence and wantonness, negligent and wanton hiring or supervision, and breach of fiduciary duties, and construction company filed a motion to compel arbitration. The Circuit Court, Jefferson County, Bessemer Division, No. CV-02-1390, Dan C. King III, J., denied the motion. Construction company appealed. Held: construction company waived its right to arbitrate by substantially invoking the litigation process.

Front 3

Ala. R. Civ. P. 64

Back 3

Seizure of Person or Property (a) Seizure of Person or Property; (b) Procedure for Seizure of Property; (dc) District Court Rule

Front 4

Ala. R. Civ. P. 64(a)

Back 4

(a) Seizure of Person or Property. Must be done according to the law. Pre-judgment, do it according to Rule 64(b).

Front 5

Ala. R. Civ. P. 64(b)

Back 5

(b) Procedure for Seizure of Property. (1) Plaintiff files an affidavit with the court containing (A) Description of Property (B) Statement of Title or Right (C) Statement of Wrongful Detention (D) Statement of Risk of Injury. (2) Proceedings go as follows: (A) Preliminary Examination by the Court (B) Preliminary Finding for the Plaintiff; Writ of Seizure without Hearing; Hearing on Dissolution - if the court thinks the property might grow legs, an order is issued and sneaky Pete may file for a hearing within five (5) days, in which case the writ expires on day 15, unless the court orders otherwise; if sneaky Pete doesn't want a hearing, the writ stays in effect until the court says otherwise. (C) Failure to Make Preliminary Finding for the Plaintiff; Order of Hearing; Hearing on Writ of Seizure or Attachment. If denied, then there's a hearing for plaintiff to persuade the court that sneaky Pete's property will grow legs.

Front 6

Ala. R. Civ. P. 64(dc)

Back 6

(dc) District Court Rule. Rule 64 applies in the district courts.

Front 7

Ala. R. Civ. P. 64A

Back 7

Notice to Defendant of Right to Claim Exemption From Garnishment

Front 8

Ala. R. Civ. P. 64B

Back 8

Contest of Claim of Exemption--Garnishment of Money, Choses in Action or Personal Property

Front 9

Ala. R. Civ. P. 66

Back 9

Receivers. An action wherein a receiver has been appointed shall not be dismissed except by order of the court. The practice in the administration of estates by receivers or by other similar officers appointed by the court shall be in accordance with §§ 6-6-620 through 6-6-628, Code of Alabama 1975, and with the practice heretofore followed in the courts of this state or as provided in rules promulgated by the Supreme Court of Alabama. In all other respects the action in which the appointment of a receiver is sought or which is brought by or against a receiver is governed by these rules.

Front 10

Ala. R. Civ. P. 66(dc)

Back 10

(dc) District Court Rule. Rule 66 does not apply in the district courts.

Front 11

Ala. R. Civ. P. 67

Back 11

Deposit in Court. Someone who thinks they'll lose money in court may deposit it with the court

Front 12

Ala. R. Civ. P. 67(dc)

Back 12

(dc) District Court Rule. Rule 67 applies in the district courts.

Front 13

Ala. R. Civ. P. 69

Back 13

Execution (a) Procedure; (b) Writ of Execution; Notice of Judgment Debtor; (c) Service of Writ and Notice; (d) Claim of Examption; (e) Contesting a Claim of Exemption; (f) No Contest Filed; (g) Discovery; (dc) District Court Rule

Front 14

Ala. R. Civ. P. 70

Back 14

Judgment for Specific Acts; Vesting Title. The court can force a change in ownership of property and charge it to the noncompliant party.

Front 15

Ala. R. Civ. P. 70(dc)

Back 15

(dc) District Court Rule. Rule 70 does not apply in the district courts.

Front 16

Ala. R. Civ. P. 70A

Back 16

Contempt in Civil Cases (a) Scope of Rule and Definitions; (b) Summary Disposition of Direct Contempt Proceedings; (c) Disposition of Constructive Contempt Proceedings; (d) Failure to Appear; Issuance of Writ of Arrest; (e) Punishment for Criminal Contempt; Commitment in Cases of Civil Contempt; (f) Disqualification of Judge; (g) Review of Contempt Proceedings; (dc) District Court Rule

Front 17

Ala. R. Civ. P. 71

Back 17

Process in Behalf of and Against Persons Not Parties. When an order is made in favor of a person who is not a party to the action, other than a creditor of a party to a divorce proceeding, that person may enforce obedience to the order by the same process as if that person were a party; and when obedience to an order may be lawfully enforced against a person who is not a party, that person is liable to the same process for enforcing obedience to the order as a party.

Front 18

Ala. R. Civ. P. 71(dc)

Back 18

(dc) District Court Rule. Rule 71 does not apply in the district courts.

Front 19

28 U.S.C. 1961

Back 19

Interest on Judgments

Front 20

28 U.S.C. 2001-7

Back 20

Executions

Front 21

Ala. Code 8-8-10

Back 21

Interest on Judgments (12%)

Front 22

Ala. Code 6-10-1 thru 6-10-11

Back 22

Exemptions

Front 23

Ala. Code 6-11-1 thru 6-11-30

Back 23

Damages

Front 24

Ala. Code 8-9A-1 et seq.

Back 24

Ala. Fraudulent Transfer Act

Front 25

Ala. Code 13A-9-46

Back 25

Defrauding Secured Creditors

Front 26

Ala. Code 13A-9-47

Back 26

Defrauding Judgment Creditors

Front 27

Ala. Code 13A-9-48

Back 27

Fraud in Insolvency

Front 28

When is a transfer considered fraudulent under Ala. Code 8-9A-5(a), even if it occurs before a creditor's claim arises?

Back 28

Under Ala.Code 1975, § 8-9A-5(a), a transfer made by a debtor is fraudulent as to a creditor, regardless of 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.

Front 29

What factors may the trial court consider in determining a fraudulent transfer under Ala. Code 8-9A-4?

Back 29

In determining actual intent under Ala. Code 8-9A-5(a), the trial court may consider a number of factors, such as whether the transfer was to an insider, whether the transfer was of substantially all of the debtor's assets, and whether the debtor was insolvent or became insolvent shortly after the transaction.

Front 30

When does a grantor's intent warrant especially careful scrutiny under Pennington v. Bigham, 512 So.2d 1344 (Ala.1987)?

Back 30

Where a conveyance is made to a family member in the face of a creditor's potential claim, the grantor's intent warrants especially careful scrutiny, Pennington v. Bigham, 512 So.2d 1344 (Ala.1987);

Front 31

When is constructive fraud infered under Champion v. Locklear, 523 So.2d 336 (Ala.1988)?

Back 31

Without regard to the actual intent of the grantor, the law infers constructive fraud when it appears that an indebted grantor has conveyed property to a family member without receiving valuable consideration. Champion v. Locklear, 523 So.2d 336 (Ala.1988).

Front 32

When does the burden of proof for valuable consideration shift to the grantee under McPherson Oil Co., Inc. v. Massey  643 So.2d 595, 596 (Ala.,1994)?

Back 32

When the inference of constructive fraud arises, the burden then shifts to the grantee to prove the existence of valuable consideration.

Front 33

Consideration for "love and affection" under Roddam v. Martin, 285 Ala. 619, 235 So.2d 654 (1970) and Schwab v. Powers, 228 Ala. 205, 153 So. 423 (1934)

Back 33

this Court has previously held that a conveyance given in return for “love and affection” is supported by “good,” rather than “valuable” consideration, and is thus a voluntary conveyance and void against existing creditors. Roddam v. Martin, 285 Ala. 619, 235 So.2d 654 (1970); Schwab v. Powers, 228 Ala. 205, 153 So. 423 (1934).

Front 34

What was the holding in Thompson Properties v. Birmingham Hide & Tallow Co., Inc.  839 So.2d 629 (Ala.,2002) about a transfer from one company to another?

Back 34

Genuine issue of material fact as to whether transfer of real property by corporation, which trial court found to be the alter ego and a mere instrumentality of individual debtor, to other company was a transfer made by a “debtor” in violation of Alabama Uniform Fraudulent Transfer Act (AUFTA) precluded summary judgment in creditors' action against corporation and other company. Code 1975, § 8-9A-4(a).

Front 35

What was the holding in Baggett v. Baggett  870 So.2d 735 (Ala.Civ.App.,2003) regarding the transfer of a house and the transfer of life insurance policies?

Back 35

Former husband petitioned to eliminate alimony obligation after suffering stroke. Former wife filed counterpetition alleging contempt. The Circuit Court, Montgomery County, No. DR-92-172.03, John L. Capell, J., reduced alimony and ordered former husband to transfer life insurance policies. Former husband appealed. The Court of Civil Appeals, Crawley, J., held that: (1) evidence supported conclusion that the former husband defrauded former wife by transferring house and annuity to son, and (2) order requiring former husband to transfer life insurance policies to former wife was an invalid modification of a property division provision.