(2) A debtor who is generally not paying debts of the debtor as they become due is presumed to be insolvent.
(3) A partnership is insolvent under subsection (1) of this section if, at a fair valuation, 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.
(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 ORS 95.200 to 95.310.
(5) Debts under this section do not include an obligation to the extent the obligation is secured by a valid lien on property of the debtor not included as an asset. [1985 c.664 §2]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 095 - Fraudulent Transfers and Conveyances
Section 95.200 - Definitions for ORS 95.200 to 95.310.
Section 95.210 - Insolvency described.
Section 95.220 - Value described.
Section 95.230 - Transfers fraudulent as to present and future creditors.
Section 95.240 - Transfers fraudulent as to present creditors.
Section 95.250 - When transfer is made or obligation is incurred.
Section 95.260 - Creditor’s remedies.
Section 95.270 - Transferee’s defenses, liability and protections.