(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 debts as they become due is presumed to be insolvent.
(c) A partnership is insolvent under subsection (a) if the sum of the partnership’s debts is greater than the aggregate, at a fair valuation, of all of 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 chapter.
(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.
(Acts 1989, No. 89-793, p. 1585, §2.)
Notes of Decisions
Kaye v. Lone Star Fund V (U.S.), L.P., 453 B.R. 645 (N.D. Tex. 2011).
· cites it 2× “Insolvency under the ATJFTA Under the first alternative, the Trustee must plead that Bruno’s was insolvent at the time of the Cardinal Transaction or became insolvent as a result of it. Under the AUFTA, a debtor is insolvent if “the sum of the debtor’s debts is greater than all…”
In Re PWS Holding Corp., 228 F.3d 224 (3rd Cir. 2000).
· cites it 2× “See Ala.Code 1975, § 8-9A-2. Moreover, however value is analyzed, it is clear that Bruno’s functioned soundly for several years after the recapitalization, paying its debts (including all interest payments) and successfully renegotiating the interest rates on some of its loans.”
Kaye v. Lone Star Fund v. (us), Lp, 453 B.R. 645 (N.D. Tex. 2011).
· cites it 2× “Insolvency under the AUFTA Under the first alternative, the Trustee must plead that Bruno's was insolvent at the time of the Cardinal Transaction or became insolvent as a result of it.”
SE Prop. Holdings, LLC v. Judkins (S.D. Ala. 2019).
“CODE § 8-9A-2(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.”
— Ala. Code § 8-9A-2(a) — 3 cases
Kaye v. Lone Star Fund V (U.S.), L.P., 453 B.R. 645 (N.D. Tex. 2011).
“Insolvency under the ATJFTA Under the first alternative, the Trustee must plead that Bruno’s was insolvent at the time of the Cardinal Transaction or became insolvent as a result of it. Under the AUFTA, a debtor is insolvent if “the sum of the debtor’s debts is greater than all…”
Kaye v. Lone Star Fund v. (us), Lp, 453 B.R. 645 (N.D. Tex. 2011).
“Insolvency under the AUFTA Under the first alternative, the Trustee must plead that Bruno's was insolvent at the time of the Cardinal Transaction or became insolvent as a result of it.”
SE Prop. Holdings, LLC v. Judkins (S.D. Ala. 2019).
“CODE § 8-9A-2(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.”
— Ala. Code § 8-9A-2(b) — 2 cases
Kaye v. Lone Star Fund V (U.S.), L.P., 453 B.R. 645 (N.D. Tex. 2011).
“Insolvency under the ATJFTA Under the first alternative, the Trustee must plead that Bruno’s was insolvent at the time of the Cardinal Transaction or became insolvent as a result of it. Under the AUFTA, a debtor is insolvent if “the sum of the debtor’s debts is greater than all…”
Kaye v. Lone Star Fund v. (us), Lp, 453 B.R. 645 (N.D. Tex. 2011).
“Insolvency under the AUFTA Under the first alternative, the Trustee must plead that Bruno's was insolvent at the time of the Cardinal Transaction or became insolvent as a result of it.”
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