Singer Asset Finance Co. v. Estate of Rutherford

THOMAS, Judge.

Singer Asset Finance Company, L.L.C. (“Singer”), filed a claim against the estate of Richard H. Rutherford, stating that pursuant to a perfected security agreement between Rutherford and Mutual BanCorp (“Mutual”), which was later assigned to Singer, the estate owed Singer $35,000. The representative of the estate countered that Singer’s claim was barred by the nonclaims statute, § 43-2-350, Ala. Code 1975, and was, therefore, unenforceable. The Jefferson Probate Court agreed with the representative of the estate and denied Singer’s claim.

Singer appealed to the Jefferson Circuit…