Oklahoma Statutes

Okla. Stat. tit. 24, § 114 (2026)

Tests for determining insolvency

✓ current as of July 2026
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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 pursuant to the provisions of subsection A 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. D. Assets pursuant to the provisions of 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 pursuant to the provisions of the Uniform Fraudulent Transfer Act. E. Debts pursuant to the provisions of 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. Added by Laws 1986, c. 100, § 3, eff. Nov. 1, 1986.

Notes of Decisions
Cited in 4 cases, 2000–2005 · leading case: Stillwater Nat'l Bank & Trust Co. v. Kirtley (In Re Solomon), 299 B.R. 626 (10th Cir. BAP 2003).
Stillwater Nat'l Bank & Trust Co. v. Kirtley (In Re Solomon), 299 B.R. 626 (10th Cir. BAP 2003). · cites it 2× “§ 101 (32)(A) and Okla. Stat. tit. 24, § 114 (A). See also Okla.”
Sheffield Steel Corp. v. HMK Enter., Inc. (In Re Sheffield Steel Corp.), 320 B.R. 423 (Bankr. N.D. Okla 2004). “at 638 ; 24 O.S. § 114(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.”
Mather v. Clancy (In Re Honey Creek Ent., Inc.), 246 B.R. 671 (Bankr. E.D. Okla. 2000). “Okla. Stat. Ann. tit. 24, § 114 (A) and (B) (West 1987).”
United States v. Davenport, 412 F. Supp. 2d 1201 (W.D. Okla. 2005). “24 O.S. § 114(A). In March 1993, the Davenports established a number of trusts including the LJ Trust, the P & L Trust, the L & J Trust, the Pond Trust, the TD Trust (collectively “the property trusts”), the Rolling Trust, and the Consolidated Trust.”
— Okla. Stat. tit. 24, § 114(A) — 2 cases
Sheffield Steel Corp. v. HMK Enter., Inc. (In Re Sheffield Steel Corp.), 320 B.R. 423 (Bankr. N.D. Okla 2004). “at 638 ; 24 O.S. § 114(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.”
United States v. Davenport, 412 F. Supp. 2d 1201 (W.D. Okla. 2005). “24 O.S. § 114(A). In March 1993, the Davenports established a number of trusts including the LJ Trust, the P & L Trust, the L & J Trust, the Pond Trust, the TD Trust (collectively “the property trusts”), the Rolling Trust, and the Consolidated Trust.”
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