(a) A debtor is insolvent if the sum of the debtor’s debts at a fair valuation is greater than the sum of the debtor’s assets at a fair valuation.
(b) 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. 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.
(c) 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.
(d) 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.
Structure Code of Alabama
Title 8 - Commercial Law and Consumer Protection.
Chapter 9B - Alabama Uniform Voidable Transactions Act
Section 8-9B-5 - Transfer Voidable as to Present or Future Creditor.
Section 8-9B-6 - Transfer Voidable as to Present Creditor.
Section 8-9B-7 - When Transfer Is Made.
Section 8-9B-8 - Remedies of Creditor.
Section 8-9B-9 - Defenses, Liability, and Protection of Transferee.
Section 8-9B-10 - Extinguishment of Claim for Relief.
Section 8-9B-11 - Governing Law.
Section 8-9B-12 - Application to Series Organization.
Section 8-9B-13 - Supplementary Provisions.
Section 8-9B-14 - Uniformity of Application and Construction.
Section 8-9B-15 - Relation to Electronic Signatures in Global and National Commerce Act.