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U.S. Code/Title 28/§ 3302

Title 28

28

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28 U.S.C. § 3302.Chapter 176

§ 3302

Insolvency

Title 28
2 min read
Subchapter: FRAUDULENT TRANSFERS INVOLVING DEBTS

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((a)) ** .—** Except as provided in subsection (c), 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 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, at a fair valuation, of—

((1)) all of the partnership’s assets; and

((2)) the sum of the excess of the value of each general partner’s non-partnership assets over the partner’s non-partnership debts.

((d)) ** .—** For purposes of this section, assets do not include property that is 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 subchapter.

((e)) ** .—** For purposes of this section, debts do not include an obligation to the extent such obligation is secured by a valid lien on property of the debtor not included as an asset.

§ 3301

Release: pl-119-111 (2026-09-18)

§ 3303

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