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California Law (Last Updated: March 4, 2014) |
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Civil Code - CIV |
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Division 4. GENERAL PROVISIONS |
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Part 2. SPECIAL RELATIONS OF DEBTOR AND CREDITOR |
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Title 2. FRAUDULENT INSTRUMENTS AND TRANSFERS |
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Chapter 1. Uniform Fraudulent Transfer Act |
Section 3439.02.
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(a) A debtor is insolvent if, at fair valuations, the sum of the debtor's debts is greater than all of the debtor's assets.
(b) A debtor which is a partnership is insolvent if, at fair valuations, the sum of the partnership's debts is greater than the aggregate 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.
(c) A debtor who is generally not paying his or her debts as they become due is presumed to be insolvent.
(d) 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.
(e) 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.