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§ 5102. Insolvency

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 12 Pa.C.S.A. Commerce and TradeEffective: February 20, 2018

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 12 Pa.C.S.A. Commerce and Trade (Refs & Annos)
Part IV. Commercial Protection (Refs & Annos)
Chapter 51. Voidable Transactions (Refs & Annos)
Effective: February 20, 2018
12 Pa.C.S.A. § 5102
§ 5102. Insolvency
(a) General rule.--A debtor is insolvent if, at fair valuation, the sum of the debtor's debts is greater than the sum of the debtor's assets.
(b) Presumption of insolvency.--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) Exclusion of certain assets.--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) Exclusion of certain debts.--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.

Credits

1993, Dec. 3, P.L. 479, No. 70, § 1, effective in 60 days. Amended 2017, Dec. 22, P.L. 1249, No. 78, § 2, effective in 60 days [Feb. 20, 2018].
12 Pa.C.S.A. § 5102, PA ST 12 Pa.C.S.A. § 5102
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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