§3573. Insolvency
1.
Debts greater than assets.
A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets at a fair valuation.
[PL 1985, c. 641, §3 (NEW).]
2.
Presumption of insolvency.
A debtor who is generally not paying his debts as they become due is presumed to be insolvent.
[PL 1985, c. 641, §3 (NEW).]
3.
Partnership insolvency.
A partnership is insolvent under subsection 1 if the sum of the partnership's debts is greater than the aggregate of all of the partnership's assets at a fair valuation, and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts.
[PL 1985, c. 641, §3 (NEW).]
4.
Assets; exclusion.
Assets under this 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 Act.
[PL 1985, c. 641, §3 (NEW).]
5.
Debts.
Debts under this 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.
[PL 1985, c. 641, §3 (NEW).]
SECTION HISTORY
PL 1985, c. 641, §3 (NEW).