(a) A debtor is insolvent if the sum of the debtor’s debts is greater than all of the debtor’s assets at a fair valuation.
(b) A debtor who is generally not paying his or her 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) A partnership is insolvent under subsection (a) of this section if the sum of the partnership’s debts is greater than the aggregate, at a fair valuation, of all 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.
(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.
Structure West Virginia Code
Chapter 40. Acts Void as to Creditors and Purchasers
Article 1A. Uniform Fraudulent Transfers Act
§40-1A-4. Transfers Fraudulent as to Present and Future Creditors
§40-1A-5. Transfers Fraudulent as to Present Creditors
§40-1A-6. When Transfer Is Made or Obligation Is Incurred
§40-1A-7. Remedies of Creditors
§40-1A-8. Defenses, Liability and Protection of Transferee
§40-1A-9. Extinguishment of Claim for Relief, Cause of Action
§40-1A-10. Supplementary Provisions
§40-1A-11. Uniformity of Application and Construction
§40-1A-14. Application to and Recognition of a Foreign Series Organization
§40-1A-15. Relation to Electronic Signatures in Global and National Commerce Act