Indiana Code 32-18-2-12. Insolvency
(1) transferred, concealed, or removed with intent to hinder, delay, or defraud creditors; or
Terms Used In Indiana Code 32-18-2-12
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(b) For purposes of this section, debts 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 under this section.
(c) 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.
(d) 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. This presumption imposes upon the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.
[Pre-2002 Recodification Citation: 32-2-7-12.]
As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.11.