25:2-23 Insolvency.
25:2-23. Insolvency.
a. 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.
b. A debtor who 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. This 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. (Deleted by amendment, P.L.2021, c.92.)
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 article.
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.
amended 2021, c.92, s.4.
Structure New Jersey Revised Statutes
Title 25 - Frauds and Fraudulent Conveyances
Section 25:1-5 - Promises or agreements not binding unless in writing.
Section 25:1-11 - Writing requirement, conveyances of an interest in real estate
Section 25:1-12 - Writing requirements, leases
Section 25:1-13 - Enforceability of agreement regarding real estate
Section 25:1-14 - Effect on unwritten transactions
Section 25:1-15 - Liability for the obligation of another
Section 25:1-16 - Commissions of real estate broker and business broker, writing required
Section 25:2-20 - Short title.
Section 25:2-21 - Definitions: A to H.
Section 25:2-22 - Definitions: I to Z.
Section 25:2-25 - Transfer or obligation voidable as to present or future creditor.
Section 25:2-26 - Factors in determining intent.
Section 25:2-27 - Transfer or obligation voidable as to present creditor.
Section 25:2-28 - When transfer is made or obligation incurred.
Section 25:2-29 - Remedies of creditor.
Section 25:2-30 - Defenses, liability and protection of transferee or obligee.
Section 25:2-31 - Extinguishment of claim for relief.
Section 25:2-32 - Supplementary provisions.
Section 25:2-33 - Uniformity of application and construction.
Section 25:2-34 - Laws repealed
Section 25:2-35 - Governing law.
Section 25:2-36 - Relation to "Electronic Signatures in Global and National Commerce Act."