Code of Alabama
Ala. Code § 7-9-401 (2026)
Place of Filing; Erroneous Filing; Removal of Collateral.
✓ 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Repealed by Act 2001-481, p. 647, § 4, effective January 1, 2002.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 1981, No. 81-312, p. 399.)
Notes of Decisions
Cited in 8
cases, 1978–1998 · leading case: In Re Gardner, 455 F. Supp. 327 (N.D. Ala. 1978).
In Re Gardner, 455 F. Supp. 327 (N.D. Ala. 1978). “Code, Section 7-9-401(1)(a) (1975); Ala.Code, Title 7A, Section 9-401(1)(a) (Recomp.”
In Re Satterwhite, 28 B.R. 178 (Bankr. M.D. Ala. 1983). “See Code of Alabama 1975, Section 7-9-401. Where the security interest is unperfected, the trustee in bankruptcy is then entitled, as a lien creditor, to avoid the security interest of the Bank.”
Harwell v. First Nat'l Bank of Wetumpka (In Re Sewell), 32 B.R. 116 (Bankr. N.D. Ala. 1983). “All three cases— In each case, no question was raised as to whether the financing statement was filed in the proper filing office [Code of Alabama, 1975, § 7-9-401(1) ]. Because it was assumed by the parties that the place of filing was “in the county of the debtor’s [or…”
Dresser Indus., Inc. v. Dixie Fuels, Inc. (In Re Dixie Fuels, Inc.), 48 B.R. 514 (Bankr. N.D. Ala. 1985). “perfected its security interest by filing a financing statement with the Secretary of State of Alabama pursuant to Alabama Code Section 7-9-401(l)(c) 1984 Supp. The following is the description of collateral listed on the financing statement which was filed on May 13, 1983: 1 —…”
Burns v. Birmingham Trust Nat'l Bank, 455 F. Supp. 327 (N.D. Ala. 1978). “Code Section 7-9-401(3) (1975); Ala. Code Title 7A, Section 9-401(3) (Recomp.”
Crownover v. Turner (In Re Blackwell), 43 B.R. 398 (Bankr. N.D. Ala. 1984). “Code Section 7-9-401(e) (1975). The Court has found no Alabama cases discussing the interrelationship between sections 9-102 and 9-104(j).”
In re Deeb, 59 B.R. 661 (Bankr. N.D. Ala. 1986). “The gist of the position is that the debtor, as a "debtor in possession” in the chapter 11 reorganization case, has the rights and powers (subject to certain limitations) of a trustee in such a reorganization case and that an unperfected security interest in property of the…”
Hope v. Performance Auto., Inc., 710 So. 2d 1235 (Ala. 1998). “On February 20, 1991, SunTrust Bank filed a financing statement with the secretary of state, pursuant to Ala.Code 1975, § 7-9-401(l)(c), to publicly record that it had taken a security interest in all of the inventory and equipment that Performance Automotive owned or would…”
— Ala. Code § 7-9-401(1) — 2 cases
Harwell v. First Nat'l Bank of Wetumpka (In Re Sewell), 32 B.R. 116 (Bankr. N.D. Ala. 1983). “All three cases— In each case, no question was raised as to whether the financing statement was filed in the proper filing office [Code of Alabama, 1975, § 7-9-401(1) ]. Because it was assumed by the parties that the place of filing was “in the county of the debtor’s [or…”
In re Deeb, 59 B.R. 661 (Bankr. N.D. Ala. 1986). “The gist of the position is that the debtor, as a "debtor in possession” in the chapter 11 reorganization case, has the rights and powers (subject to certain limitations) of a trustee in such a reorganization case and that an unperfected security interest in property of the…”
— Ala. Code § 7-9-401(1)(a) — 1 case
In Re Gardner, 455 F. Supp. 327 (N.D. Ala. 1978). “Code, Section 7-9-401(1)(a) (1975); Ala.Code, Title 7A, Section 9-401(1)(a) (Recomp.”
— Ala. Code § 7-9-401(3) — 2 cases
In Re Gardner, 455 F. Supp. 327 (N.D. Ala. 1978). “Code, Section 7-9-401(1)(a) (1975); Ala.Code, Title 7A, Section 9-401(1)(a) (Recomp.”
Burns v. Birmingham Trust Nat'l Bank, 455 F. Supp. 327 (N.D. Ala. 1978). “Code Section 7-9-401(3) (1975); Ala. Code Title 7A, Section 9-401(3) (Recomp.”
— Ala. Code § 7-9-401(e) — 1 case
Crownover v. Turner (In Re Blackwell), 43 B.R. 398 (Bankr. N.D. Ala. 1984). “Code Section 7-9-401(e) (1975). The Court has found no Alabama cases discussing the interrelationship between sections 9-102 and 9-104(j).”
— Ala. Code § 7-9-401(l)(a) — 1 case
Burns v. Birmingham Trust Nat'l Bank, 455 F. Supp. 327 (N.D. Ala. 1978). “Code Section 7-9-401(3) (1975); Ala. Code Title 7A, Section 9-401(3) (Recomp.”
— Ala. Code § 7-9-401(l)(c) — 2 cases
Dresser Indus., Inc. v. Dixie Fuels, Inc. (In Re Dixie Fuels, Inc.), 48 B.R. 514 (Bankr. N.D. Ala. 1985). “perfected its security interest by filing a financing statement with the Secretary of State of Alabama pursuant to Alabama Code Section 7-9-401(l)(c) 1984 Supp. The following is the description of collateral listed on the financing statement which was filed on May 13, 1983: 1 —…”
Hope v. Performance Auto., Inc., 710 So. 2d 1235 (Ala. 1998). “On February 20, 1991, SunTrust Bank filed a financing statement with the secretary of state, pursuant to Ala.Code 1975, § 7-9-401(l)(c), to publicly record that it had taken a security interest in all of the inventory and equipment that Performance Automotive owned or would…”
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