Colo. Rev. Stat. » Title 38
Colorado Revised Statutes

Colo. Rev. Stat. § 38-8-103 (2026)

Insolvency

✓ current as of July 2026
Find cases: SyfertCases citing this section CO-LEGleg.colorado.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(1) 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.

(2) A debtor who is generally not paying his debts as they become due is presumed to be insolvent.

(3) A partnership is insolvent under subsection (1) of this section if the sum of the partnership's debts is greater than the aggregate of all of the partnership's assets, at a fair valuation, and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts.

(4) 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.

(5) 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.

Source: L. 91: Entire article added, p. 1684, § 1, effective July 1.

Editor's note - Colorado legislative change: This section was numbered as section 2 in the uniform act. In subsection (3), the phrase "at a fair valuation" has been moved from immediately after "aggregate" to immediately after the first "assets".

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1996–2025 · leading case: Weinman v. Crowley (In re Blair), 588 B.R. 605 (Bankr.D. Colo. 2018).
Sort: Relevance Newest Treatment
Weinman v. Crowley (In re Blair), 588 B.R. 605 (Bankr.D. Colo. 2018). · cites it 11× “§ 38-8-103 states: (1) 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.”
Weinman v. Crowley (In re Blair), 594 B.R. 712 (Bankr.D. Colo. 2018). · cites it 5× “§§ 38-8-103 and 105(1)(b) ; see also Blair , 588 B.”
Schempp v. Lucre Mgmt. Grp., LLC, 75 P.3d 1157 (Colo. Ct. App. 2003). · cites it 2× “*1164 Section 38-8-103(2) provides that "A debt- or who is generally not paying his debts as they become due is presumed to be insolvent.”
Fitzgibbons v. Thomason (In Re Thomason), 202 B.R. 768 (Bankr.D. Colo. 1996). · cites it 3× “Was the Debtor insolvent or did he become insolvent shortly after the transfer was made? C.R.S. § 38-8-103(1) specifies that a debtor is insolvent if the sum of his debts is greater than all of his assets at a fair valuation.”
Krol v. Unglaub (In Re Unglaub), 332 B.R. 303 (Bankr. N.D. Ill. 2005). “” Colo.Rev.Stat. § 38-8-103(2); see also Schempp, 75 P.”
Gallegos v. LeHouillier, 2017 COA 35 (Colo. Ct. App. 2017). · cites it 2× “” § 38-8-103(1), C.R.S. 2016. And therein lies the fundamental problem with the majority’s approach — insolvency is more than the reciprocal of collectibility.”
Can IV Packard Square LLC v. Harbor Real Est. Co., L.L.C. (D. Colo. 2025). · cites it 2× “Colo. Rev. Stat. § 38-8-106 (1). “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.”
Conrardy (Bankr.D. Colo. 2025). · cites it 2× “Colo. Rev. Stat. § 38-8-103 . Section 102(2) of the CUFTA further explains the meaning of the term “assets,” defining “assets” as “property of the debtor.”
— Colo. Rev. Stat. § 38-8-103(1) — 4 cases
Weinman v. Crowley (In re Blair), 588 B.R. 605 (Bankr.D. Colo. 2018). “§ 38-8-103 states: (1) 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.”
Weinman v. Crowley (In re Blair), 594 B.R. 712 (Bankr.D. Colo. 2018). “§§ 38-8-103 and 105(1)(b) ; see also Blair , 588 B.”
Fitzgibbons v. Thomason (In Re Thomason), 202 B.R. 768 (Bankr.D. Colo. 1996). “Was the Debtor insolvent or did he become insolvent shortly after the transfer was made? C.R.S. § 38-8-103(1) specifies that a debtor is insolvent if the sum of his debts is greater than all of his assets at a fair valuation.”
Gallegos v. LeHouillier, 2017 COA 35 (Colo. Ct. App. 2017). “” § 38-8-103(1), C.R.S. 2016. And therein lies the fundamental problem with the majority’s approach — insolvency is more than the reciprocal of collectibility.”
— Colo. Rev. Stat. § 38-8-103(2) — 4 cases
Weinman v. Crowley (In re Blair), 588 B.R. 605 (Bankr.D. Colo. 2018). “§ 38-8-103 states: (1) 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.”
Schempp v. Lucre Mgmt. Grp., LLC, 75 P.3d 1157 (Colo. Ct. App. 2003). “*1164 Section 38-8-103(2) provides that "A debt- or who is generally not paying his debts as they become due is presumed to be insolvent.”
Krol v. Unglaub (In Re Unglaub), 332 B.R. 303 (Bankr. N.D. Ill. 2005). “” Colo.Rev.Stat. § 38-8-103(2); see also Schempp, 75 P.”
Fitzgibbons v. Thomason (In Re Thomason), 202 B.R. 768 (Bankr.D. Colo. 1996). “Was the Debtor insolvent or did he become insolvent shortly after the transfer was made? C.R.S. § 38-8-103(1) specifies that a debtor is insolvent if the sum of his debts is greater than all of his assets at a fair valuation.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.