Code of Alabama
Ala. Code § 8-9A-9 (2026)
Extinguishment of Claim for Relief.
✓ official Alabama Legislature (ALISON) text, current July 2026
A claim for relief with respect to a fraudulent transfer under this chapter is extinguished unless action is brought:
(1) Under Section 8-9A-4(a) within 10 years after the transfer of real property was made.
(2) Under Section 8-9A-4(a) within six years after the transfer of personal property was made.
(3) Under Section 8-9A-4(c) or 8-9A-5(a), within four years after the transfer was made when the action is brought by a creditor whose claim arose before the transfer was made.
(4) Under Section 8-9A-4(c), within one year after the transfer was made when the action is brought by a creditor whose claim arose after the transfer was made; or
(5) Under Section 8-9A-5(b), within one year after the transfer was made.
(Acts 1989, No. 89-793, p. 1585, §9.)
Notes of Decisions
Cited in 6
cases, 2002–2019 · leading case: Premier Capital Funding, Inc. v. Earle (In Re Earle), 307 B.R. 276 (Bankr. S.D. Ala. 2002).
Premier Capital Funding, Inc. v. Earle (In Re Earle), 307 B.R. 276 (Bankr. S.D. Ala. 2002). “, the transfer), the only fraudulent transfer Code section available to PCF under the facts in this case is § 8-9A-4(a), the claim under which was asserted by PCF well within the 10-year limitations period for transfers involving real property.”
Off. Comm. of Unsecured Creditors of SGK Ventures, LLC v. NewKey Grp., LLC (In re SGK Ventures, LLC), 521 B.R. 842 (Bankr. N.D. Ill. 2014). “§§ 4-59-209(a)-(b) ( West 2014 ) (three-year statute of repose for actual and constructive fraudulent transfers) and Me.”
Peacock Timber Transp., Inc. v. B.P. Holdings, LLC, 115 So. 3d 914 (Ala. 2012). “Section 8-9A-9, Ala.Code 1975, is the Code section setting forth the applicable statute of limitations governing claims brought under the AFTA.”
Int'l Mgmt. Grp., Inc. v. Bryant Bank, 274 So. 3d 1003 (Ala. Civ. App. 2018). “In addition, IMG and Carter contended that, insofar as the trial court might accept the Bank's claim grounded on constructive fraud under § 8-9A-5(a), that claim was barred by the applicable four-year statute of limitations set out in Ala. Code 1975, § 8-9A-9(3), because the…”
Int'l Mgmt. Grp., Inc. v. Bryant Bank, 274 So. 3d 1003 (Ala. Civ. App. 2018). “In addition, IMG and Carter contended that, insofar as the trial court might accept the Bank's claim grounded on constructive fraud under § 8-9A-5(a), that claim was barred by the applicable four-year statute of limitations set out in Ala. Code 1975, § 8-9A-9(3), because the…”
Carn, III v. Todd (Bankr. M.D. Ala. 2019). “3 Section 8-9A-9(2) provides in relevant part: “A claim for relief with respect to a fraudulent transfer under this chapter is extinguished unless action is brought: .”
— Ala. Code § 8-9A-9(1) — 1 case
Premier Capital Funding, Inc. v. Earle (In Re Earle), 307 B.R. 276 (Bankr. S.D. Ala. 2002). “, the transfer), the only fraudulent transfer Code section available to PCF under the facts in this case is § 8-9A-4(a), the claim under which was asserted by PCF well within the 10-year limitations period for transfers involving real property.”
— Ala. Code § 8-9A-9(2) — 2 cases
Peacock Timber Transp., Inc. v. B.P. Holdings, LLC, 115 So. 3d 914 (Ala. 2012). “Section 8-9A-9, Ala.Code 1975, is the Code section setting forth the applicable statute of limitations governing claims brought under the AFTA.”
Carn, III v. Todd (Bankr. M.D. Ala. 2019). “3 Section 8-9A-9(2) provides in relevant part: “A claim for relief with respect to a fraudulent transfer under this chapter is extinguished unless action is brought: .”
— Ala. Code § 8-9A-9(3) — 4 cases
Premier Capital Funding, Inc. v. Earle (In Re Earle), 307 B.R. 276 (Bankr. S.D. Ala. 2002). “, the transfer), the only fraudulent transfer Code section available to PCF under the facts in this case is § 8-9A-4(a), the claim under which was asserted by PCF well within the 10-year limitations period for transfers involving real property.”
Int'l Mgmt. Grp., Inc. v. Bryant Bank, 274 So. 3d 1003 (Ala. Civ. App. 2018). “In addition, IMG and Carter contended that, insofar as the trial court might accept the Bank's claim grounded on constructive fraud under § 8-9A-5(a), that claim was barred by the applicable four-year statute of limitations set out in Ala. Code 1975, § 8-9A-9(3), because the…”
Peacock Timber Transp., Inc. v. B.P. Holdings, LLC, 115 So. 3d 914 (Ala. 2012). “Section 8-9A-9, Ala.Code 1975, is the Code section setting forth the applicable statute of limitations governing claims brought under the AFTA.”
Int'l Mgmt. Grp., Inc. v. Bryant Bank, 274 So. 3d 1003 (Ala. Civ. App. 2018). “In addition, IMG and Carter contended that, insofar as the trial court might accept the Bank's claim grounded on constructive fraud under § 8-9A-5(a), that claim was barred by the applicable four-year statute of limitations set out in Ala. Code 1975, § 8-9A-9(3), because the…”
— Ala. Code § 8-9A-9(4) — 1 case
Premier Capital Funding, Inc. v. Earle (In Re Earle), 307 B.R. 276 (Bankr. S.D. Ala. 2002). “, the transfer), the only fraudulent transfer Code section available to PCF under the facts in this case is § 8-9A-4(a), the claim under which was asserted by PCF well within the 10-year limitations period for transfers involving real property.”
— Ala. Code § 8-9A-9(5) — 2 cases
Premier Capital Funding, Inc. v. Earle (In Re Earle), 307 B.R. 276 (Bankr. S.D. Ala. 2002). “, the transfer), the only fraudulent transfer Code section available to PCF under the facts in this case is § 8-9A-4(a), the claim under which was asserted by PCF well within the 10-year limitations period for transfers involving real property.”
Peacock Timber Transp., Inc. v. B.P. Holdings, LLC, 115 So. 3d 914 (Ala. 2012). “Section 8-9A-9, Ala.Code 1975, is the Code section setting forth the applicable statute of limitations governing claims brought under the AFTA.”
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