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Ohio Revised Code

Ohio Rev. Code § 1336.02 (2026)

Insolvent debtor

✓ current as of May 2026
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Effective:
September 28, 1990
Latest Legislation:
House Bill 506 - 118th General Assembly
PDF:
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(A)(1) A debtor is insolvent if the sum of the debts of the debtor is greater than all of the assets of the debtor at a fair valuation.

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

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

(C) For purposes of this section:

(1) "Assets" 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 fraudulent under section 1336.04 or 1336.05 of the Revised Code.

(2) "Debts" do not include an obligation to the extent that it is secured by a valid lien on property of the debtor not included as an asset.
Notes of Decisions
Cited in 50 cases (11 in the last 5 years), 1967–2026 · leading case: In Re Taubman, 160 B.R. 964 (Bankr. S.D. Ohio 1993).
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In Re Taubman, 160 B.R. 964 (Bankr. S.D. Ohio 1993). · cites it 10× “O.R.C. § 1336.02 of the Uniform Fraudulent Conveyance Act 10 contains a similar definition of insolvent, providing, in relevant part: A person is insolvent when the present fair salable value of his assets is less than the amount that will be required to pay his probable…”
Youngstown Osteopathic Hosp. Ass'n v. Pathways Ctr. for Geriatric Psychiatry, Inc. (In Re Youngstown Osteopathic Hosp. Ass'n), 280 B.R. 400 (Bankr. N.D. Ohio 2002). · cites it 7× “See Ohio Rev.Code Ann. § 1336.02; see also Prudential Ins.”
Rieser v. Hayslip (In Re Canyon Sys. Corp.), 343 B.R. 615 (Bankr. S.D. Ohio 2006). · cites it 2× “Under the Ohio UFTA, “[a] debtor is insolvent if the sum of the debts of the debtor is greater than all of the assets of the debtor at a fair valuation.”
Blood v. Nofzinger, 834 N.E.2d 358 (Ohio Ct. App. 2005). · cites it 2× ““Insolvency” for UFTA purposes is defined by R.C. 1336.02(A), 6 and the trial court should have applied this definition to the evidence and withheld summary judgment if it found additional discovery necessary to determine Donald Nofzinger’s assets “shortly after” his transfers…”
Toledo Trust Co. v. Poole (In Re Poole), 15 B.R. 422 (Bankr. N.D. Ohio 1981). · cites it 4× “Personal involvency under § 1336.02 R.C. is defined as follows: A person is insolvent when the present fair salable value of his assets is less than the amount that will be required to pay his probable liability on his existing debts as they become absolute and matured.”
Liquidating Tr. of the Amcast Unsecured Creditor Liquidating Trust v. Baker (In Re Amcast Indus. Corp.), 365 B.R. 91 (Bankr. S.D. Ohio 2007). · cites it 2× “See Ohio Rev. Code § 1336.02; 11 U.S.C. § 101 (32).”
In Re Nat'l Century Fin. Enter., Inc., 504 F. Supp. 2d 287 (S.D. Ohio 2007). · cites it 2× “See DeNune, supra (an officer’s fiduciary duty to creditors arises when a corporation becomes insolvent or is on the brink of insolvency).”
Slone v. Lassiter (In Re Grove-Merritt), 406 B.R. 778 (Bankr. S.D. Ohio 2009). · cites it 2× “” ORC § 1336.02(A)(1) and (2). Insolvency is essentially a balance-sheet test.”
Cellar Lumber Co. v. Holley, 224 N.E.2d 360 (Ohio Ct. App. 1967). · cites it 5× “Section 1336.02, Revised Code, furnishes a definition of insolvency.”
Abood v. Nemer, 713 N.E.2d 1151 (Ohio Ct. App. 1998). · cites it 4× “At that time, R.C. 1336.02 provided, “A person is insolvent when the present fair salable value of his assets is less than the amount that will be required to pay his probable liability on his existing debts as they become absolute and matured.”
Tricarichi v. Comm'r, 2015 T.C. Memo. 201 (Tax Ct. 2015). · cites it 2× “Because collapsing the transactions yields a transfer of cash from West Side to petitioner, West Side's solvency must be judged on that basis.”
Staats v. Palermini (In Re Palermini), 113 B.R. 380 (Bankr. S.D. Ohio 1990). · cites it 4× “Ohio Rev.Code Ann. § 1336.02 (Anderson 1979).”
Show all 50 citing cases →
— Ohio Rev. Code § 1336.02(A) — 5 cases
Blood v. Nofzinger, 834 N.E.2d 358 (Ohio Ct. App. 2005). ““Insolvency” for UFTA purposes is defined by R.C. 1336.02(A), 6 and the trial court should have applied this definition to the evidence and withheld summary judgment if it found additional discovery necessary to determine Donald Nofzinger’s assets “shortly after” his transfers…”
Silagy v. Gagnon (In Re Gabor), 280 B.R. 149 (Bankr. N.D. Ohio 2002).
William D. Mundinger Trust v. Zellers, 473 B.R. 222 (N.D. Ohio 2012).
Abood v. Nemer, 713 N.E.2d 1151 (Ohio Ct. App. 1998). “At that time, R.C. 1336.02 provided, “A person is insolvent when the present fair salable value of his assets is less than the amount that will be required to pay his probable liability on his existing debts as they become absolute and matured.”
White v. Molnar Trust, 2022 Ohio 1976 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 1336.02(A)(1) — 8 cases
Rieser v. Hayslip (In Re Canyon Sys. Corp.), 343 B.R. 615 (Bankr. S.D. Ohio 2006). “Under the Ohio UFTA, “[a] debtor is insolvent if the sum of the debts of the debtor is greater than all of the assets of the debtor at a fair valuation.”
In Re Taubman, 160 B.R. 964 (Bankr. S.D. Ohio 1993). “O.R.C. § 1336.02 of the Uniform Fraudulent Conveyance Act 10 contains a similar definition of insolvent, providing, in relevant part: A person is insolvent when the present fair salable value of his assets is less than the amount that will be required to pay his probable…”
Slone v. Lassiter (In Re Grove-Merritt), 406 B.R. 778 (Bankr. S.D. Ohio 2009). “” ORC § 1336.02(A)(1) and (2). Insolvency is essentially a balance-sheet test.”
Weaner & Assocs., L.L.C. v. 369 W. First, L.L.C., 2020 Ohio 48 (Ohio Ct. App. 2020).
Liberty Nursing Ctr. of Englewood, Inc. v. Valentine, 2012 Ohio 1096 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 1336.02(A)(2) — 8 cases
Masonic Health Care, Inc. v. Finley, 892 N.E.2d 942 (Ohio Ct. App. 2008).
Liberty Nursing Ctr. of Englewood, Inc. v. Valentine, 2012 Ohio 1096 (Ohio Ct. App. 2012).
Abood v. Nemer, 713 N.E.2d 1151 (Ohio Ct. App. 1998). “At that time, R.C. 1336.02 provided, “A person is insolvent when the present fair salable value of his assets is less than the amount that will be required to pay his probable liability on his existing debts as they become absolute and matured.”
Saez Assoc., Inc. v. Global Reader Servs., Inc., 2011 Ohio 5185 (Ohio Ct. App. 2011).
Springfield v. Palco Invest. Co., Inc., 2013 Ohio 2348 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 1336.02(A)(2)(a) — 1 case
Allan v. Allan, 2022 Ohio 1488 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 1336.02(A)(l) — 1 case
Kovacs v. Hanson (In Re Hanson), 373 B.R. 522 (Bankr. N.D. Ohio 2007).
— Ohio Rev. Code § 1336.02(B) — 1 case
Prudential Ins. Co. of Am. v. Sci. Park Ltd. P'ship, 667 N.E.2d 437 (Ohio Ct. App. 1995).
— Ohio Rev. Code § 1336.02(C)(1) — 2 cases
Youngstown Osteopathic Hosp. Ass'n v. Pathways Ctr. for Geriatric Psychiatry, Inc. (In Re Youngstown Osteopathic Hosp. Ass'n), 280 B.R. 400 (Bankr. N.D. Ohio 2002). “See Ohio Rev.Code Ann. § 1336.02; see also Prudential Ins.”
Kingston of Miamisburg, L.L.C. v. Jeffery, 2021 Ohio 4105 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 1336.02(C)(2) — 1 case
Kingston of Miamisburg, L.L.C. v. Jeffery, 2021 Ohio 4105 (Ohio Ct. App. 2021).
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