Massachusetts General Laws

Mass. Gen. Laws ch. 109A, § 3 (2026)

Insolvency; excluded assets

✓ current as of July 2026

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Section 3. (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 shall 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 shall not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.

Notes of Decisions

Cited in 25 cases, 1966–2014 · leading case: Weiler v. PortfolioScope, Inc., 469 Mass. 75 (Mass. 2014).

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Weiler v. PortfolioScope, Inc., 469 Mass. 75 (Mass. 2014). “It may be that the evidence failed to show that PortfolioScope was insolvent within the meaning of the UFTA, see G. L. c. 109A, § 3. Nevertheless, there still is sufficient evidence of actual intent to hinder, delay, or defraud to affirm the judge’s conclusion that the transfers…”

Fed. Refinance Co. v. Klock, 352 F.3d 16 (1st Cir. 2003). “His own testimony established that the 17,500 shares of Essex stock were his only significant asset at the relevant time (1988) and that he was then personally obligated to repay over $10,000,000 in loans that were about to go into default.”

Ferrari v. Barclays Bus. Credit, Inc. (In Re Morse Tool, Inc.), 148 B.R. 97 (Bankr. D. Mass. 1992). · cites it 2× “G.L. c. 109A, § 3(a). 16. In order to determine whether fair consideration was given, the Trustee would have the Court disregard the “spinoff” — in which G & W transferred the assets and liabilities of the Divisions to the newly created Morse Tool — and focus only on the sale of…”

Lily Transp. Corp. v. Royal Institutional Servs., Inc., 832 N.E.2d 666 (Mass. App. Ct. 2005). “Compare G. L. c. 109A, § 3 (Uniform Fraudulent Transfer Act).”

Tomsic v. Pitocchelli (In Re Tri-Star Tech. Co.), 260 B.R. 319 (Bankr. D. Mass. 2001). “See Mass. Gen. Laws Ann. ch. 109A, § 3(a)-(b).”

ASARCO LLC v. Americas Mining Corp., 404 B.R. 150 (S.D. Tex. 2009). “1987), superseded by statute on other grounds, Mass. Gen. Laws Ann. ch. 109A, § 3 (West 1992); see also In re *163 Brown, 118 B.”

Rodriguez v. Drive Fin. Servs., L.P. (In Re Trout), 609 F.3d 1106 (10th Cir. 2010). “1987), superseded by statute on other grounds, Mass. Gen. Laws ch. 109A § 3; In re Vedaa, 49 B.”

Bak v. Bak, 511 N.E.2d 625 (Mass. App. Ct. 1987). “without the express authorization of this court” until such time as alimony payments had been completed.”

Murphy v. Meritor Sav. Bank (In Re O'Day Corp.), 126 B.R. 370 (Bankr. D. Mass. 1991). “Mass.Gen.Laws Ann. ch. 109A, § 3 (West 1990).”

MacDonald v. Hawker, 420 N.E.2d 923 (Mass. App. Ct. 1981). “163, 169-171 (1966) (“fair consideration” under G. L. c. 109A, §§ 3, 4); Mashpee Wampanoag Indian Tribal Council, Inc.”

Campana v. Pilavis (In Re Pilavis), 233 B.R. 1 (Bankr. D. Mass. 1999). “I have found as a fact that the Debtor was insolvent at that time under UFTA, Mass.Gen. Laws ch. 109A, § 3(a). As a result, the first inquiry must be whether the transfer of Debtor’s interest in the Medford Property to Defendant was fraudulent because made “without receiving a…”

Lawrence Paperboard Corp. v. Arlington Trust Co. (In Re Lawrence Paperboard Corp.), 76 B.R. 866 (Bankr. D. Mass. 1987). “Mass.Gen.Laws Ann. ch. 109A, § 3 (West 1958 & Supp.”

Show all 25 citing cases →

— Mass. Gen. Laws ch. 109A, § 3(a) — 7 cases

Ferrari v. Barclays Bus. Credit, Inc. (In Re Morse Tool, Inc.), 148 B.R. 97 (Bankr. D. Mass. 1992). “G.L. c. 109A, § 3(a). 16. In order to determine whether fair consideration was given, the Trustee would have the Court disregard the “spinoff” — in which G & W transferred the assets and liabilities of the Divisions to the newly created Morse Tool — and focus only on the sale of…”

Tomsic v. Pitocchelli (In Re Tri-Star Tech. Co.), 260 B.R. 319 (Bankr. D. Mass. 2001). “See Mass. Gen. Laws Ann. ch. 109A, § 3(a)-(b).”

Campana v. Pilavis (In Re Pilavis), 233 B.R. 1 (Bankr. D. Mass. 1999). “I have found as a fact that the Debtor was insolvent at that time under UFTA, Mass.Gen. Laws ch. 109A, § 3(a). As a result, the first inquiry must be whether the transfer of Debtor’s interest in the Medford Property to Defendant was fraudulent because made “without receiving a…”

Shamban v. O'Brien (In Re O'Brien), 190 B.R. 1 (Bankr. D. Mass. 1995).

Lassman v. Reilly (In Re Feeley), 429 B.R. 56 (Bankr. D. Mass. 2010).

— Mass. Gen. Laws ch. 109A, § 3(c) — 1 case

Noone v. Cyr (In Re Noone), 188 B.R. 710 (Bankr. D. Mass. 1995).

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