Code of Alabama
Ala. Code § 6-10-1 (2026)
Law Governing Exemptions and Claims.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) Except as provided in subsection (b), the right to a homestead or other exemption shall be governed by the law in effect when the debt or demand was created, but the procedures or remedies for asserting, ascertaining, contesting, and determining claims thereto shall be as prescribed in this chapter.
(b) For any case filed under the United States Bankruptcy Code, Title 11 U.S.C., the amount of the debtor’s homestead or other exemption, as provided by this chapter, shall be governed by the law in effect as of the date the bankruptcy petition is filed.
(Code 1876, §2844; Code 1886, §2542; Code 1896, §2068; Code 1907, §4195; Code 1923, §7917; Code 1940, T. 7, §660; Act 2026-203, §1.)
Notes of Decisions
Cited in 14
cases, 1981–2018 · leading case: In re Middleton, 544 B.R. 449 (Bankr. S.D. Ala. 2016).
In re Middleton, 544 B.R. 449 (Bankr. S.D. Ala. 2016). “The problem with applying Alabama exemptions in bankruptcy court is caused by Alabama Code § 6-10-1, which provides that the exemptions as of the date of debt apply: The right of homestead or other exemption shall be governed by the law in force when the debt or demand was…”
Goldsby v. Stewart, 46 B.R. 692 (S.D. Ala. 1983). “Ala.Code § 6-10-1 (1975) provides as follows: The right of homestead or other exemption shall be governed by the law in force when the debt or demand was created, but the mode or remedy for asserting, ascertaining, contesting and determining claims thereto shall be as prescribed…”
In Re Rester, 46 B.R. 194 (S.D. Ala. 1984). “Ala. Code § 6-10-1 (1975). Therefore, it follows that to limit the debtors to the lesser, pre May 19, 1980 personal property exemption when other debts scheduled by the debtor were incurred after May 19, 1980 violates Alabama Code § 6-10-1 (1975).”
In Re Perine, 46 B.R. 695 (S.D. Ala. 1983). “Therefore, they argue, Alabama law requires that the Texas exemptions apply to that debt.”
St. Paul Fire & Marine Ins. Co. v. Nowlin, 542 So. 2d 1190 (Ala. 1989). “; and Ala.Code 1975, § 6-10-1 et seq.); and the courts have interpreted these laws liberally in favor of the debtor.”
In Re Kervin, 19 B.R. 190 (Bankr. S.D. Ala. 1982). “Code of Alabama, 1975, Section 6-10-1; Code of Alabama, 1975, Section 6-10-6 (prior to 1980 amendment).”
In Re Harrell, 72 B.R. 107 (Bankr. N.D. Ala. 1987). “The Alabama exemption statute, § 6-10-1 et seq., does not confer a right of exemption in tools of the trade, as such.”
Parker v. Baldwin Cnty. E. Shore Hosp. Bd., Inc., 560 So. 2d 1046 (Ala. Civ. App. 1989). “*1048 Appellant relies on section 6-10-1, Code 1975, which states as follows: “The right of homestead or other exemption shall be governed by the law in force when the debt or demand was created, but the mode or remedy for asserting, ascertaining, contesting and determining…”
In Re Browning, 13 B.R. 6 (Bankr. S.D. Ala. 1981). “Section 6-10-1 of the Code of Alabama, 1975 provides: “The right of homestead or other exemption shall be governed by the law in force when the debt or demand was created, but the mode or remedy for asserting, ascertaining, contesting and determining claims thereto shall be as…”
Alabama Telco Credit Union v. Gibbons, 195 So. 3d 1012 (Ala. Civ. App. 2015). “, Ala,Code 1975, prescribes “the mode or remedy for asserting, ascertaining, contesting, and determining [exemption] claims_” § 6-10-1, Ala.Code 1975. We note that Act No.”
Redstone Fed. Credit Union v. Whited, 584 B.R. 71 (N.D. Ala. 2018). “1 As support for its objection, Redstone asserted that because Alabama Code § 6-10-1"specifically states: 'The right of homestead or other exemption shall be governed by the law in force when the debt or demand was created,' " the Whiteds could only claim the homestead exemption…”
First Alabama Bank of Montgomery v. Mims, 66 B.R. 20 (M.D. Ala. 1986). “The exemptions that the Legislature established are set forth in §§ 6-10-1, et seq., of CODE OF ALABAMA [1975].”
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