Ala. Code § 7-9A-918: Assignee Removal; Successor Assignee.
Where this section sits in the code
- Title 7 Commercial Code.
- Article 9A Secured Transactions.
- Part 9 The Uniform Assignment for Benefit of Creditors Act.
(a) The assignor or a creditor may request the circuit court to remove the assignee if the assignor or creditor has a reasonable belief grounds for removal exist under subsection (b).
(b) After a request under subsection (a) or on the court’s initiative in an action pending before the court under Section 7-9A-921, the court may remove an assignee:
(1) For cause, including the assignee’s fraud, dishonesty, incompetence, gross mismanagement, or failure to comply with this part; or
(2) If removal of the assignee best serves the interests of the creditors.
(c) After an assignee resigns, is removed, dies, or becomes incapacitated, a successor assignee provided for in the assignment agreement becomes the assignee unless the successor assignee is not eligible to be an assignee under Section 7-9A-904(a) or is subject to removal under subsection (b). A court shall appoint a successor assignee if:
(1) The assignment agreement does not provide for a successor assignee; or
(2) The successor assignee provided for in the assignment agreement is ineligible to be an assignee under Section 7-9A-904(a) or is subject to removal under subsection (b).
(d) Subject to Section 7-9A-917, an assignee that resigns, is removed, dies, or becomes incapacitated is discharged from the assignee’s duties under this part when the assignee, or a representative of a deceased or incapacitated assignee:
(1) Accounts for and turns over to the successor assignee all assets of the assignment estate; and
(2) Submits to creditors a report summarizing the receipts and disbursements made during the service of the assignee.
(e) Subject to an applicable privilege, a court may order an attorney, accountant, or other person that has information in a record relating to the assignment estate or the assignor’s financial affairs to turn over or disclose the record to the successor assignee.
Collected 2026-10-10T05:41:29Z. Source file · JSON