(a) In making the nomination, each creditor, in person or represented, votes as follows:

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Terms Used In Alabama Code 43-2-721

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
(1) On claims held by any one creditor, not exceeding in the aggregate $1,000.00, one vote for each $100.00; and
(2) On claims held by any one creditor, exceeding in the aggregate $1,000.00, 10 votes for the first $1,000.00, and one for every additional $500.00.
(b) Every creditor is entitled to one vote, and no creditor to more than 20.
(c) The nomination must be made in the presence and under the direction of the court. The amount of claims held by any creditor must be proved by affidavit, as required by section 43-2-352. The court may require other evidence of the correctness and amount of the claim.
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