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SINGER ASSET v. ESTATE OF RUTHERFORD

2050500.

34 So.3d 1253 (2007)

SINGER ASSET FINANCE COMPANY, L.L.C. v. ESTATE OF Richard H. RUTHERFORD.

Court of Civil Appeals of Alabama.

June 1, 2007.

Attorney(s) appearing for the Case

Dayna R. Burnett and Charles N. Parnell III of Parnell & Crum, P.A., Montgomery, for appellant.

J. Sanford Mullins and Peter M. Wright of Sirote & Permutt, PC, Birmingham, for appellee.

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...

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