684.2 Insolvency.
1. 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.
2. 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.
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.
94 Acts, ch 1121, §6; 2016 Acts, ch 1040, §2, 15
Referred to in §684.5
2016 amendment applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;
2016 Acts, ch 1040, §15
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 684 - VOIDABLE TRANSACTIONS
Section 684.4 - Transfer or obligation voidable as to present or future creditor.
Section 684.5 - Transfer or obligation voidable as to present creditor.
Section 684.6 - When transfer is made or obligation is incurred.
Section 684.7 - Remedies of creditors.
Section 684.8 - Defenses, liability, and protection of transferee or obligee.
Section 684.9 - Extinguishment of claim for relief.
Section 684.10 - Governing law.
Section 684.11 - Application to series organization.
Section 684.12 - Supplementary provisions.
Section 684.13 - Uniformity of application and construction.
Section 684.14 - Relation to Electronic Signatures in Global and National Commerce Act.