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ALABAMA EXEMPTIONS

 

Below are links to the Alabama exemptions for property when filing a bankruptcy.

· Article 1 Exemptions From Levy and Sale Under Process.

o Division 1 General Provisions.

§ Section 6-10-1 Law governing exemptions and claims.

§ Section 6-10-2 Homestead exemption - Amount; area.

§ Section 6-10-3 Homestead exemption - Alienation by married person.

§ Section 6-10-4 Homestead exemption - Liens not affected.

§ Section 6-10-5 Burial place and church pew or seat.

§ Section 6-10-6 Personalty.

§ Section 6-10-7 Wages, salaries or other compensation of laborers or employees for personal services.

§ Section 6-10-8 Rights of beneficiaries and assignees under life insurance policies.

§ Section 6-10-9 Partnership property.

§ Section 6-10-10 County and municipal property.

§ Section 6-10-11 Exemptions in federal bankruptcy.

o Division 2 Claim and Contest of Exemptions.

§ Section 6-10-20 Declaration of claimed exemptions - Making and filing.

§ Section 6-10-21 Declaration of claimed exemptions - Recordation; receipt; certified copies.

§ Section 6-10-22 Declaration of claimed exemptions - Fees for filing, etc.

§ Section 6-10-23 Declaration of claimed exemptions - Effect as evidence and notice.

§ Section 6-10-24 Declaration of claimed exemptions - Effect of waiver or contest.

§ Section 6-10-25 Declaration of claimed exemptions - Contesting of claims.

§ Section 6-10-26 Claim of exemption after levy and prior to sale; contesting of such claim.

§ Section 6-10-27 Contest of exemption claim - Delivery of personalty to defendant upon executing bond; proceedings when bond not forthcoming.

§ Section 6-10-28 Contest of exemption claim - Return of levying officer.

§ Section 6-10-29 Contest of exemption claim - Filing of inventory by defendant; effect of failure to file.

§ Section 6-10-30 Contest of exemption claim - Trial of issues.

§ Section 6-10-31 Contest of exemption claim - Trial by jury in probate court.

§ Section 6-10-32 Contest of exemption claim - Judgment.

§ Section 6-10-33 Contest of exemption claim - Proceedings when claim of personalty found excessive.

§ Section 6-10-34 Contest of exemption claim - Proceedings when inventory discloses personalty not embraced by claim of exemption.

§ Section 6-10-35 Contest of exemption claim - Tender of issue by plaintiff on inventory filed by defendant; determination thereof.

§ Section 6-10-36 Contest of exemption claim - Assessment of value of property and damages resulting from detention on bond; judgment and execution on bond.

§ Section 6-10-37 Contest of exemption claim - Garnishment of money, choses in action or personal property.

§ Section 6-10-38 Contest of exemption claim - Proceedings when homestead found to exceed value or area allowed.

§ Section 6-10-39 Interposition of homestead claim or other exemptions and defense of contest thereof by spouse or minor children.

§ Section 6-10-40 Sale of land and separation of homestead interest from that of alienee.

§ Section 6-10-41 Effect of leaving homestead temporarily or leasing same.

§ Section 6-10-42 When no action lies against officer levying on exempt property.

§ Section 6-10-43 Effect of contest on sale of property and lien thereon.

· Article 2 Exemptions from Administration and Payment of Debts.

o Division 1 General Provisions.

§ Section 6-10-67 Right to use of property before such set apart and to commence or defend actions thereon.

o Division 2 Setting Apart Exemptions to Surviving Spouse and Minor Children.

§ Section 6-10-80 Appraisers - Issuance of commission.

§ Section 6-10-81 Appraisers - Duty to set apart exempt personal property; return of report.

§ Section 6-10-82 Appraisers - Report of homestead appraisement.

§ Section 6-10-83 Proceedings to set apart homestead when same exceeds value allowed.

§ Section 6-10-84 Proceedings on failure of appraisers to set apart exemptions or to appraise homestead.

§ Section 6-10-85 How exemption in lieu of homestead claimed and set apart.

§ Section 6-10-86 Report of appraisers or commissioners - Exceptions; notice of time set for hearing thereon.

§ Section 6-10-87 Report of appraisers or commissioners - Notice to next of kin of decedent of date set for hearing of report on exemptions.

§ Section 6-10-88 Report of appraisers or commissioners - Hearing and determination on exceptions; proceedings when exemption of personalty excessive or insufficient.

§ Section 6-10-89 Report of appraisers or commissioners - Proceedings when report set aside.

§ Section 6-10-90 Report of appraisers or commissioners - Taxation of cost on exceptions being filed.

§ Section 6-10-91 Report of appraisers or commissioners - Appeal from decree on exceptions.

§ Section 6-10-92 Exceptions to report of appraisers that homestead does not exceed allowance.

§ Section 6-10-93 Confirmation of reports when no exceptions filed.

§ Section 6-10-94 Reduced homestead incapable of allotment - Possession by surviving spouse and minor children until sold, etc.

§ Section 6-10-95 Reduced homestead incapable of allotment - Sale - When allowed.

§ Section 6-10-96 Reduced homestead incapable of allotment - Sale - Proof of facts; order and notice; terms; application of proceeds.

§ Section 6-10-97 Reduced homestead incapable of allotment - Sale - Proceedings when no bid in excess of $6,000 received.

§ Section 6-10-98 Reduced homestead incapable of allotment - Sale - Purchase by persons entitled to homestead exemption.

§ Section 6-10-99 Payment by devisees to clear property of homestead right.

§ Section 6-10-100 Proceedings to set apart exemptions when administration not granted on decedent's estate within 60 days after death - Generally.

§ Section 6-10-101 Proceedings to set apart exemptions when administration not granted on decedent's estate within 60 days after death - Vesting of title to real property in surviving spouse and minors and right to possession thereof.

§ Section 6-10-102 Effect of removal from homestead.

§ Section 6-10-103 Commissioners - Qualifications; oath.

§ Section 6-10-104 Commissioners - Compensation.

§ Section 6-10-105 Recordation of judgments allotting homestead exemptions; fee therefor.

§ Section 6-10-106 Proceedings to set aside exemptions when husband, wife or parent absent seven years and residence not ascertainable - Generally.

§ Section 6-10-107 Proceedings to set aside exemptions when husband, wife or parent absent seven years and residence not ascertainable - Vesting for life of title to property in deserted spouse or minors.

· Article 3 Waiver of Right to Exemptions.

o Section 6-10-120 Right to waive.

o Section 6-10-121 How made - Personalty.

o Section 6-10-122 How made - Homestead.

o Section 6-10-123 Enforcement in action.

o Section 6-10-124 Attachment - Endorsement on writ.

o Section 6-10-125 Attachment - Proceedings when waiver not sustained.

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