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Tenn. Code Ann. § 66-3-303

Insolvency

Applied in 2 court decisions — leading case Webb Mtn, LLC v. Executive Realty Partnership, L.P. (In Re Webb Mtn, LLC) (2009)

Most recently applied in Webb Mtn, LLC v. Executive Realty Partnership, L.P. (In Re Webb Mtn, LLC) (November 2009)

Acts 2003, ch. 42, § 1.

(1) 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.

(2) A debtor who is generally not paying such debtor's debts as they become due is presumed to be insolvent.

(3) A partnership is insolvent under subsection (a) 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.

(4) 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 part.

(5) 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.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.