Tennessee Code Annotated
Tenn. Code Ann. § 66-3-302 (2026)
Part definitions
✓ current as of May 2026
As used in this part:
- (1) "Affiliate" means:
- (A) A person who directly or indirectly owns, controls, or holds with power to vote, twenty percent (20%) or more of the outstanding voting securities of the debtor, other than a person who holds the securities:
- (i) As a fiduciary or agent without sole discretionary power to vote the securities; or
- (ii) Solely to secure a debt, if the person has not exercised the power to vote;
- (B) A corporation twenty percent (20%) or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person who directly or indirectly owns, controls, or holds with power to vote, twenty percent (20%) or more of the outstanding voting securities of the debtor, other than a person who holds the securities:
- (i) As a fiduciary or agent without sole power to vote the securities; or
- (ii) Solely to secure a debt, if the person has not in fact exercised the power to vote;
- (C) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or
- (D) A person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets;
- (A) A person who directly or indirectly owns, controls, or holds with power to vote, twenty percent (20%) or more of the outstanding voting securities of the debtor, other than a person who holds the securities:
- (2) "Asset" means property of a debtor, but the term does not include:
- (A) Property to the extent it is encumbered by a valid lien;
- (B) Property to the extent it is generally exempt under nonbankruptcy law; or
- (C) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one (1) tenant;
- (3) "Claim" means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured;
- (4) "Creditor" means a person who has a claim;
- (5) "Debt" means liability on a claim;
- (6) "Debtor" means a person who is liable on a claim;
- (7) "Insider" includes:
- (A) If the debtor is an individual:
- (i) A relative of the debtor or of a general partner of the debtor;
- (ii) A partnership in which the debtor is a general partner;
- (iii) A general partner in a partnership described in subdivision (7)(A)(ii); or
- (iv) A corporation of which the debtor is a director, officer, or person in control;
- (B) If the debtor is a corporation:
- (i) A director of the debtor;
- (ii) An officer of the debtor;
- (iii) A person in control of the debtor;
- (iv) A partnership in which the debtor is a general partner;
- (v) A general partner in a partnership described in subdivision (7)(B)(iv); or
- (vi) A relative of a general partner, director, officer, or person in control of the debtor;
- (C) If the debtor is a partnership:
- (i) A general partner in the debtor;
- (ii) A relative of a general partner in, or a general partner of, or a person in control of the debtor;
- (iii) Another partnership in which the debtor is a general partner;
- (iv) A general partner in a partnership described in subdivision (7)(C)(iii); or
- (v) A person in control of the debtor;
- (D) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and
- (E) A managing agent of the debtor;
- (A) If the debtor is an individual:
- (8) "Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien;
- (9) "Person" means an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity;
- (10) "Property" means anything that may be the subject of ownership;
- (11) "Relative" means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree;
- (12) "Transfer" means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance; and
- (13) "Valid lien" means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.
Acts 2003, ch. 42, § 1.
Notes of Decisions
Cited in 23
cases (5 in the last 5 years), 1984–2026 · leading case: Nippert v. Jackson, 860 F. Supp. 2d 554 (M.D. Tenn. 2012).
Nippert v. Jackson, 860 F. Supp. 2d 554 (M.D. Tenn. 2012). “” Tenn.Code Ann. § 66-3-302(3) (2004). As the plaintiff possesses a judgment against KCA, he is plainly a “[clreditor” for purposes of the statute.”
Webb Mtn, LLC v. Exec. Realty P'ship, L.P. (In Re Webb Mtn, LLC), 420 B.R. 418 (Bankr. E.D. Tenn. 2009). “]” Tenn.Code Ann. § 66-3-302(12) (2004). 11 .”
Fed. Deposit Ins. Corp. v. Allen, 584 F. Supp. 386 (E.D. Tenn. 1984). “As to the plaintiff’s theory of fraudulent conveyances, it appears that because the saleable value of the assets of Valley Rental after taking out Loans 16 and 17 was less than the amount required to pay Valley Rental’s liability on its debts as they matured, Valley Rental was…”
MacOn Bank & Trust Co. v. Holland, 715 S.W.2d 347 (Tenn. Ct. App. 1986). “§ 66-3-305 that states, “Every conveyance made ... by a person who is or will be thereby rendered insolvent is fraudulent as to creditors without regard to his actual intent, if the conveyance is made or the obligation is incurred without a fair consideration,” is inapplicable.”
Webb Mtn, LLC v. Exec. Realty P'ship (In Re Webb Mtn, LLC), 414 B.R. 308 (Bankr. E.D. Tenn. 2009). “]” Tenn.Code Ann. § 66-3-302(12) (2004). 27 .”
Brown v. Riley (In Re Omni Mech. Contractors, Inc.), 114 B.R. 518 (Bankr. E.D. Tenn. 1990). “Insolvency is defined in § 66-3-302 of the Act 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.”
Seals v. Sears, Roebuck & Co., Inc., 688 F. Supp. 1252 (E.D. Tenn. 1988). “T.C.A. § 66-3-302 provides: Test for insolvency.”
Crocker v. Ryan, 914 S.W.2d 551 (Tenn. Ct. App. 1995). “A person is insolvent according to Tenn.Code Ann. § 66-3-302 “when the present fair salable value of the person’s assets is less than the amount that will be required to pay the probable liability on such person’s existing debts as they become absolute and matured.”
Edgefield Holdings, LLC v. The Blumberg 2 Trust (E.D. Tenn. 2023). “] Tenn. Code Ann. § 66-3-305 (a)(1). TUFTA defines “creditor” as “a person who has a claim,” and “debtor” as “a person who is liable on a claim.”
Martin Holmes v. David Karkau (2022). “See Tenn. Code Ann. § 66-3-302 . The fact that a beneficiary interest could be a “mere expectancy” is unpersuasive.”
Auto. Experts, Inc. v. Kallberg (M.D. Tenn. 2021). “Tenn. Code Ann. § 66-3-302 (12). As indicated above, Plaintiff and Defendants do not dispute that “transfers” were made to Defendants from Kallberg Tennessee.”
Est. of David Holt Ralston (Tenn. Ct. App. 2013). “Under Tenn. Code Ann. § 66-3-302 (7)(A)(I), a relative of the debtor is included in the definition of an insider.”
— Tenn. Code Ann. § 66-3-302(1)(D) — 1 case
Edgefield Holdings, LLC v. The Blumberg 2 Trust (E.D. Tenn. 2023). “] Tenn. Code Ann. § 66-3-305 (a)(1). TUFTA defines “creditor” as “a person who has a claim,” and “debtor” as “a person who is liable on a claim.”
— Tenn. Code Ann. § 66-3-302(12) — 4 cases
Webb Mtn, LLC v. Exec. Realty P'ship, L.P. (In Re Webb Mtn, LLC), 420 B.R. 418 (Bankr. E.D. Tenn. 2009). “]” Tenn.Code Ann. § 66-3-302(12) (2004). 11 .”
Webb Mtn, LLC v. Exec. Realty P'ship (In Re Webb Mtn, LLC), 414 B.R. 308 (Bankr. E.D. Tenn. 2009). “]” Tenn.Code Ann. § 66-3-302(12) (2004). 27 .”
Martin Holmes v. David Karkau (2022). “See Tenn. Code Ann. § 66-3-302 . The fact that a beneficiary interest could be a “mere expectancy” is unpersuasive.”
Larry Carson Hale, Jr. v. Eighteen Ninety-Six, LLC (Bankr. N.D. Ga. 2026).
— Tenn. Code Ann. § 66-3-302(3) — 2 cases
Webb Mtn, LLC v. Exec. Realty P'ship, L.P. (In Re Webb Mtn, LLC), 420 B.R. 418 (Bankr. E.D. Tenn. 2009). “]” Tenn.Code Ann. § 66-3-302(12) (2004). 11 .”
Nippert v. Jackson, 860 F. Supp. 2d 554 (M.D. Tenn. 2012). “” Tenn.Code Ann. § 66-3-302(3) (2004). As the plaintiff possesses a judgment against KCA, he is plainly a “[clreditor” for purposes of the statute.”
— Tenn. Code Ann. § 66-3-302(4) — 2 cases
Nippert v. Jackson, 860 F. Supp. 2d 554 (M.D. Tenn. 2012). “” Tenn.Code Ann. § 66-3-302(3) (2004). As the plaintiff possesses a judgment against KCA, he is plainly a “[clreditor” for purposes of the statute.”
Edgefield Holdings, LLC v. The Blumberg 2 Trust (E.D. Tenn. 2023). “] Tenn. Code Ann. § 66-3-305 (a)(1). TUFTA defines “creditor” as “a person who has a claim,” and “debtor” as “a person who is liable on a claim.”
— Tenn. Code Ann. § 66-3-302(5) — 1 case
Martin Holmes v. David Karkau (2022). “See Tenn. Code Ann. § 66-3-302 . The fact that a beneficiary interest could be a “mere expectancy” is unpersuasive.”
— Tenn. Code Ann. § 66-3-302(7)(D) — 1 case
Nippert v. Jackson, 860 F. Supp. 2d 554 (M.D. Tenn. 2012). “” Tenn.Code Ann. § 66-3-302(3) (2004). As the plaintiff possesses a judgment against KCA, he is plainly a “[clreditor” for purposes of the statute.”
— Tenn. Code Ann. § 66-3-302(9) — 1 case
Edgefield Holdings, LLC v. The Blumberg 2 Trust (E.D. Tenn. 2023). “] Tenn. Code Ann. § 66-3-305 (a)(1). TUFTA defines “creditor” as “a person who has a claim,” and “debtor” as “a person who is liable on a claim.”
— Tenn. Code Ann. § 66-3-302(l)(B) — 1 case
Nippert v. Jackson, 860 F. Supp. 2d 554 (M.D. Tenn. 2012). “” Tenn.Code Ann. § 66-3-302(3) (2004). As the plaintiff possesses a judgment against KCA, he is plainly a “[clreditor” for purposes of the statute.”
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