Aliant Bank v. Davis

MOORE; Judge,

concurring in the result.

I disagree with any implication in the main opinion that the Alabama Fraudulent Transfer Act (“the AFTA”), § 8-9A-1 et seq., Ala.Code 1975, does not apply to a property settlement reached by spouses in anticipation of, or in conjunction with, a divorce. See Prescott v. Baker, 644 So.2d 877, 880 (Ala.1994) (indicating that creditor could pursue action under the AFTA against husband who disposéd of assets in property settlement). In the case of a settlement, as opposed to a court-ordered *514property division,5 a debtor-spouse voluntarily-conveys his or her…