31-2-329. Insolvency. (1) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's property at a fair valuation and the debtor is generally not paying the debtor's debts as they become due.
(2) Property under this section does 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 part.
History: En. Sec. 3, Ch. 324, L. 1991; amd. Sec. 1000, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 31. Credit Transactions and Relationships
Chapter 2. Debtor and Creditor Relationships
Part 3. Uniform Fraudulent Transfer Act
31-2-304. through 31-2-310 reserved
31-2-318. through 31-2-320 reserved
31-2-327. Uniformity of application and construction
31-2-331. and 31-2-332 reserved
31-2-333. Transfers fraudulent as to present and future creditors
31-2-334. Transfers fraudulent as to present creditors
31-2-335. When transfer made or obligation incurred
31-2-336. through 31-2-338 reserved
31-2-339. Remedies of creditors
31-2-340. Defenses, liability, and protection of transferee