2017 Wisconsin Statutes & Annotations
Chapter 242. Uniform fraudulent transfer act.
242.02 Insolvency.

Universal Citation: WI Stat § 242.02 (2017)

242.02 Insolvency.

(1) In this section:

(a) “Assets" 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 chapter.

(b) “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.

(2) 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.

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

(4) A partnership is insolvent under sub. (2) if the sum of the partnership's debts is greater than the aggregate, at a fair valuation, of all of the partnership's assets and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts.

History: 1987 a. 192.

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