2017 Indiana Code
TITLE 32. Property
ARTICLE 18. INTERESTS OF CREDITORS IN PROPERTY
CHAPTER 2. Uniform Fraudulent Transfer Act
32-18-2-12. Insolvency
Sec. 12. (a) For purposes of this section, assets do not include property that has been:
(1) transferred, concealed, or removed with intent to hinder, delay, or defraud creditors; or
(2) transferred in a manner making the transfer voidable under this chapter.
(b) For purposes of this section, debts 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 under this section.
(c) 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.
(d) A debtor that is generally not paying the debtor's debts as they become due, other than as a result of a bona fide dispute, is presumed to be insolvent. This presumption imposes upon the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.
[Pre-2002 Recodification Citation: 32-2-7-12.]
As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.11.
