Determining Insolvency

  1. Law
  2. Georgia Code
  3. Debtor and Creditor
  4. Debtor and Creditor Relations
  5. Uniform Voidable Transactions Act
  6. Determining Insolvency

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  1. A debtor is insolvent if, at a fair valuation, the sum of the debtor's debts is greater than the sum of the debtor's assets.
  2. A debtor who is generally not paying his or her debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.
  3. Assets under this Code section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this article.
  4. Debts under this Code section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.

(Code 1981, §18-2-72, enacted by Ga. L. 2002, p. 141, § 3; Ga. L. 2015, p. 996, § 4A-1/SB 65.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 37 Am. Jur. 2d, Fraudulent Conveyances and Transfers, § 18 et seq.

C.J.S.

- 37 C.J.S., Fraudulent Conveyances, § 63 et seq.


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