(1) 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.
(2) 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.
(3) 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.
(4) 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.
Effective: January 1, 2016
History: Created 2015 Ky. Acts ch. 37, sec. 2, effective January 1, 2016.
Notes of Decisions
Cited in
4
cases (
4 in the last 5 years), 2021–2026 · leading case:
Embry (W.D. Ky. 2026).
Parton v. Parton (E.D. Ky. 2022).
· cites it 2× “” KRS § 378A.020(1). David cites, and brought this action because of, a settlement offer made by the Defendants.”
Embry (W.D. Ky. 2026).
· cites it 2× “Additionally, the Trust observes that Plaintiffs have not challenged the validity of the Trust under KRS § 378A.020, the Kentucky Voidable Transfers Act (Id.”
Bullock v. Almon (W.D. Ky. 2021).
“§ 378A.020 (“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.”
WesBanco Bank Inc v. Smalley (Bankr. W.D. Ky. 2021).
“KRS 378A.020. While the Court appreciates this novel argument, WesBanco appears to give the state statute more meat on the bone than is actually there.”
— Ky. Rev. Stat. § 378A.020(1) — 1 case
Parton v. Parton (E.D. Ky. 2022).
“” KRS § 378A.020(1). David cites, and brought this action because of, a settlement offer made by the Defendants.”
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treatment. Dots show Syfertize treatment of the citing case itself.