§ 3302 Insolvency

Codes > United States Code > Title 28 > Part VI : Chapter 176 > Subchapter D : 3302

§ 3302. Insolvency

    (a) In general.--Except as provided in subsection (c), 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.

    (b) Presumption.--A debtor who is generally not paying debts as they become due is presumed to be insolvent.

    (c) Calculation.--A partnership is insolvent under subsection (a) if the sum of the partnership's debts is greater than the aggregate, at a fair valuation, of--

        (1) all of the partnership's assets; and

        (2) the sum of the excess of the value of each general partner's non-partnership assets over the partner's non-partnership debts.

    (d) Assets.--For purposes of this section, assets do not include property that is 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 subchapter.

    (e) Debts.--For purposes of this section, debts do not include an obligation to the extent such obligation is secured by a valid lien on property of the debtor not included as an asset.