Mo. Rev. Stat. » Chapter 428
Missouri Revised Statutes

Mo. Rev. Stat. § 428.014 (2026)

Insolvency

✓ current as of May 2026
Find cases: SyfertCases citing this section MO-REVrevisor.mo.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

  428.014.  Insolvency. — 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, 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.

  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 sections 428.005 to 428.059.

  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.

­­--------

(L. 1992 S.B. 448)

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1997–2023 · leading case: Taylor v. Clark, 140 S.W.3d 242 (Mo. Ct. App. 2004).
Sort: Relevance Newest Treatment
Taylor v. Clark, 140 S.W.3d 242 (Mo. Ct. App. 2004). · cites it 5× “The first is that Robert was insolvent under § 428.014, RSMo 2000, before and after the transfers, and there was inadequate consideration given by Janette for these cash transfers.”
First Home Sav. Bank v. C & L Farms, Inc., 974 S.W.2d 621 (Mo. Ct. App. 1998). · cites it 3× “§ 428.014, RSMo Supp.1992, was enacted into law effective August 28, 1992.”
Riske v. David Austin Seitz Irrevocable Trust (In Re Seitz), 400 B.R. 707 (Bankr. E.D. Mo. 2008). · cites it 2× “Mo.Rev.Stat. § 428.014(1),(2). There is no dispute that Austin was in self-induced, serious financial trouble by 2003.”
Fleming Companies, Inc. v. Rich, 978 F. Supp. 1281 (E.D. Mo. 1997). · cites it 2× “§ 428.014 R.S.Mo. Under § 428.014, both the encumbered property and the secured debt (i.”
Fink v. Arregui (Bankr. W.D. Mo. 2023). · cites it 10× “” Mo Rev. Stat. § 428.014. Thus, the definitions of insolvency under Bankruptcy Code and the MUFTA include common elements.”
W. Robidoux, Inc. v. Boehringer Ingelheim Animal Health USA Inc. (Bankr. W.D. Mo. 2022). · cites it 2× “§ 428.014 (defining insolvency under Missouri law); 11 U.”
Fink v. Wright (Bankr. W.D. Mo. 2019). · cites it 2× “Mo. Rev. Stat. § 428.014 (2). The trustee alleged Frances was insolvent at or around the time of the transfers, pointing to her 2018 bankruptcy filing and an unclear number of collections cases against her.”
— Mo. Rev. Stat. § 428.014(1) — 1 case
Riske v. David Austin Seitz Irrevocable Trust (In Re Seitz), 400 B.R. 707 (Bankr. E.D. Mo. 2008). “Mo.Rev.Stat. § 428.014(1),(2). There is no dispute that Austin was in self-induced, serious financial trouble by 2003.”
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.