Tennessee Code Annotated

Tenn. Code Ann. § 66-3-303 (2026)

Insolvency

✓ current as of May 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 such debtor's 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 of all of the partnership's assets, at a fair valuation, 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 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 this part.

(e) 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.

Acts 2003, ch. 42, § 1.

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 2005–2021 · leading case: Webb Mtn, LLC v. Exec. Realty P'ship, L.P. (In Re Webb Mtn, LLC), 420 B.R. 418 (Bankr. E.D. Tenn. 2009).

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Webb Mtn, LLC v. Exec. Realty P'ship, L.P. (In Re Webb Mtn, LLC), 420 B.R. 418 (Bankr. E.D. Tenn. 2009). · cites it 2× “Insolvency is defined by statute as follows: “(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 valua *432 tion[; and] (b) A debtor who is generally not paying his or her debts as they become due is presumed to be…”

Farinash v. Silvey (In Re Silvey), 378 B.R. 186 (Bankr. E.D. Tenn. 2007). · cites it 4× “Tenn.Code Ann. § 66-3-303(a). The trustee also relies on a statement in the defendants’ brief with regard to summary judgment: “The Court may consider that the Debtor was insolvent at the time of the transfer or was rendered insolvent thereby.”

Webb Mtn, LLC v. Exec. Realty P'ship (In Re Webb Mtn, LLC), 414 B.R. 308 (Bankr. E.D. Tenn. 2009). “§ 66-3-303 (2004), and includes only those debts “in existence when the conveyance is made.”

JRS Partners, GP v. Warren (M.D. Tenn. 2021). · cites it 3× “Tenn. Code Ann. § 66-3-303 (a). A debtor who is generally not paying such debtor's debts as they become due is presumed to be insolvent.”

Delta Gypsum, LLC v. Michael Felgemacher (Tenn. Ct. App. 2017). · cites it 2× “” Tenn. Code Ann. § 66-3-303 (a), (b). The trial court stated in its findings of fact that “[n]o evidence was offered on the assets or liabilities of the Debtor (Wilhelm Felgemacher) at the time of the transfer.”

Auto. Experts, Inc. v. Kallberg (M.D. Tenn. 2021). · cites it 2× “Tenn. Code Ann. § 66-3-303 . A. Analysis of Tenn.”

Est. of David Holt Ralston (Tenn. Ct. App. 2013). · cites it 3× “Tenn. Code Ann. § 66-3-303 (a) defines insolvency as when “the sum of the debtor’s debts is greater than all of the debtor’s assets, at a fair valuation.”

Hawk v. Comm'r, 2017 T.C. Memo. 217 (Tax Ct. 2017). · cites it 2× “Accordingly, we first must determine whether petitioners received a *250 transfer from Holiday Bowl under State law. Next, if we find that petitioners received a transfer, we must determine whether that transfer was fraudulent as defined in the constructive or actual fraud…”

Karen Stoner v. Brittany C. Amburn (Tenn. Ct. App. 2012). · cites it 2× “Section 66-3-303(a) of the UFTA provides that 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.”

Brenda Stone, individually & derivatively in her capacity as a Dir. of Appalachian caverns Found. v. Scott Smile (Tenn. Ct. App. 2009). · cites it 2× “Tenn. Code Ann. § 66-3-303 provides that “[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.”

Guy G. Bigger, Jr. v. Anthony I. Fields, Guy M. Fields, Patrick E. Smith (Tenn. Ct. App. 2005). · cites it 2× “2 A similar provision is now included in Tenn. Code Ann. § 66-3-306 . 3 Insolvency is now defined in Tenn.”

— Tenn. Code Ann. § 66-3-303(a) — 2 cases

Farinash v. Silvey (In Re Silvey), 378 B.R. 186 (Bankr. E.D. Tenn. 2007). “Tenn.Code Ann. § 66-3-303(a). The trustee also relies on a statement in the defendants’ brief with regard to summary judgment: “The Court may consider that the Debtor was insolvent at the time of the transfer or was rendered insolvent thereby.”

Karen Stoner v. Brittany C. Amburn (Tenn. Ct. App. 2012). “Section 66-3-303(a) of the UFTA provides that 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.”

— Tenn. Code Ann. § 66-3-303(b) — 1 case

— Tenn. Code Ann. § 66-3-303(d) — 1 case

Est. of David Holt Ralston (Tenn. Ct. App. 2013). “Tenn. Code Ann. § 66-3-303 (a) defines insolvency as when “the sum of the debtor’s debts is greater than all of the debtor’s assets, at a fair valuation.”

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