Utah Code § 25-6-103

Current through the 2024 Fourth Special Session
Section 25-6-103 - Insolvency
(1) A debtor is insolvent if, at fair valuation, the sum of the debtor's debts is greater than all of the debtor's assets.
(2)
(a) 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.
(b) The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.
(3) 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 chapter.
(4) 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.

Utah Code § 25-6-103

Renumbered from § 25-6-3 and amended by Chapter 204, 2017 General Session ,§ 4, eff. 5/9/2017.
Enacted by Chapter 59, 1988 General Session