Code of Alabama
Ala. Code § 7-9-104 (2026)
Transactions Excluded from Article.
✓ official Alabama Legislature (ALISON) text, current July 2026
Repealed by Act 2001-481, p. 647, § 4, effective January 1, 2002.
(Acts 1965, No. 549, p. 811; Acts 1965, 3rd Ex. Sess., No. 30, p. 237, §2; Acts 1981, No. 81-312, p. 399; Acts 1997, No. 97-702, §2.)
Notes of Decisions
Cited in 10
cases, 1979–2003 · leading case: Mattheiss v. Title Loan Express (In Re Mattheiss), 214 B.R. 20 (Bankr. N.D. Ala. 1997).
Mattheiss v. Title Loan Express (In Re Mattheiss), 214 B.R. 20 (Bankr. N.D. Ala. 1997). “Section § 7-9-102 is entitled Policy and subject matter of article: (1) Except as otherwise provided in Section 7-9-104 on excluded transactions, this article applies: (a) To any transaction (regardless of its form) which is intended to create a security interest in personal…”
Morgan v. Farmers & Merchants Bank, 856 So. 2d 811 (Ala. 2003). “" Ala. Code 1975, § 7-9-104( l ): "This article does not apply: ".”
REALTY GROWTH INV. v. Com. & Indus. Bank, 370 So. 2d 297 (Ala. Civ. App. 1979). “It is further noted that Code of Alabama 1975, § 7-4-208 (3) provides that a security interest under that section is subject to article 9 provisions.”
Patterson v. Spradlin (In Re Patterson), 185 B.R. 354 (Bankr. N.D. Ala. 1995). “The defendant has an unperfected security interest against the automobile, which may be avoided by the trustee. The Court also finds that the automobile is property of the bankruptcy estate pursuant to section 541 and shall be returned to the debtor.”
Greene v. Assocs. (In Re Green), 248 B.R. 583 (Bankr. N.D. Ala. 2000). “The meaning of this section is made unmistakable by the Official Comment following section 7-9-102: *597 The main purpose of this section is to bring all consensual security interests in personal property and fixtures under this article, except for certain types of transactions…”
Rent-A-Ctr. v. Shelby (In Re Shelby), 127 B.R. 682 (Bankr. N.D. Ala. 1991). “(1) Except as otherwise provided in section 7-9-104 on excluded transactions, this article applies: (a) To any transaction (regardless of its form) which is intended to create a security interest in personal property or fixtures including goods, documents, instruments, general…”
White v. Dawson (In Re Dawson), 52 B.R. 444 (Bankr. N.D. Ala. 1984). “Code Section 7-9-104(k) (1975). Section 7-9-105(l)(g) of the Alabama Code (1975) defines the term “instrument” as it is used in Article 9.”
Head v. S. Dev. Co., 614 So. 2d 1044 (Ala. 1993). “Although the indemnity agreement between Beverly Head and Southern Development is not a transaction of a sort listed as specifically excluded from Article 9, see § 7-9-104, it nonetheless is not included in those transactions enumerated in § 7-9-102 ("Policy and subject matter…”
First Maryland Leasecorp. v. M/V Golden Egret, 764 F.2d 749 (11th Cir. 1985). “” Similarly, Ala.Code § 7-9-104 states that “[t]his article does not apply .”
Crownover v. Turner (In Re Blackwell), 43 B.R. 398 (Bankr. N.D. Ala. 1984). “by Alabama Code Section 7-9-102 (1975) 1 or is excluded from Article 9 by Alabama Code Section 7-9-104® (1975). After giving due consideration to the arguments of the parties, the evidence, and the applicable law, the Court makes the following findings and conclusions.”
— Ala. Code § 7-9-104(j) — 1 case
Crownover v. Turner (In Re Blackwell), 43 B.R. 398 (Bankr. N.D. Ala. 1984). “by Alabama Code Section 7-9-102 (1975) 1 or is excluded from Article 9 by Alabama Code Section 7-9-104® (1975). After giving due consideration to the arguments of the parties, the evidence, and the applicable law, the Court makes the following findings and conclusions.”
— Ala. Code § 7-9-104(k) — 1 case
White v. Dawson (In Re Dawson), 52 B.R. 444 (Bankr. N.D. Ala. 1984). “Code Section 7-9-104(k) (1975). Section 7-9-105(l)(g) of the Alabama Code (1975) defines the term “instrument” as it is used in Article 9.”
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