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Ind. Code § 32-18-2-12

Insolvency

Known as the Indiana Uniform Voidable Transactions Act

The act spans §§ 32-18-2-0.2 to 32-18-2-9 (26 sections).

Applied in 1 court decision — leading case Freeland v. Enodis Corp. (2008)

Most recently applied in Freeland v. Enodis Corp. (September 2008)

As added by P.L.2-2002, SEC.3

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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.