Utah Code » Title 25, Chapter 6 — Uniform Voidable Transactions Act; part 25-6-1 — General Provisions
Utah Code

Utah Code § 25-6-103 (2026)

Insolvency

✓ current as of May 2026
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A debtor is insolvent if, at fair valuation, the sum of the debtor's debts is greater than all of the debtor's assets.
A debtor that is generally not paying the debtor's debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent.
The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.
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 chapter.
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.
Notes of Decisions
Cited in 5 cases (5 in the last 5 years), 2021–2024 · leading case: AAAG California v. Kisana (D. Utah 2021).
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AAAG California v. Kisana (D. Utah 2021). · cites it 4× “Utah Code Section 25-6-103(2)(a) provides that “[a] debtor that is generally not paying the debtor's debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent.”
Klein v. Shepard (D. Utah 2022). · cites it 2× “130 Utah Code Ann. § 25-6-103 (1) (formerly Utah Code Ann.”
LuMee LLC v. Fernandez (Bankr. D. Utah 2023). “Further, the 2015 tax return should not be used to determine solvency due to the lack of evidence to show a starting date for transfers. Demonstrative C refers to the whole year, but the four-year reach back starts in mid-June 2015.”
Chaturvedi v. Orbcomm Inc. (D. Utah 2023). “§ 25-6-103 (statutory definition of “insolvency” for purposes of fraudulent transfer claims).”
Hafen v. Guyon (D. Utah 2024). “] § 25-6-103, … the Receiver must offer evidence and sustain the burden of proving that the debtor-transferor was insolvent on the date of the transfer, or whether insolvency is presumed.”
— Utah Code § 25-6-103(1) — 1 case
LuMee LLC v. Fernandez (Bankr. D. Utah 2023). “Further, the 2015 tax return should not be used to determine solvency due to the lack of evidence to show a starting date for transfers. Demonstrative C refers to the whole year, but the four-year reach back starts in mid-June 2015.”
— Utah Code § 25-6-103(2)(a) — 1 case
AAAG California v. Kisana (D. Utah 2021). “Utah Code Section 25-6-103(2)(a) provides that “[a] debtor that is generally not paying the debtor's debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent.”
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