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Current as of January 02, 2024 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - Indiana Code Title 32. Property § 32-18-2-12 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-32-property/in-code-sect-32-18-2-12/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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