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RSA 545-A:2 · Insolvency

545-A:2 Insolvency. –

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I.

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.

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II.

A debtor who is generally not paying his debts as they become due is presumed to be insolvent.

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III.

A partnership is insolvent under paragraph I 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.

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IV.

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.

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V.

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. Source. 1987, 215:1, eff. Jan. 1, 1988.

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Source note

Source. 1987, 215:1, eff. Jan. 1, 1988.

Source history

  • 1987, 215:1, eff. Jan. 1, 1988

Related materials

Bill relationships

  • 2026 HB1127 amend

    elivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). 545-B:15 Short Title; Predecessor References. The predecessor of this chapter, RSA 545-A, was cited as the uniform fraudulent transfer act, and this chapter, RSA 545-B, may be cited as the uniform voidable transactions act. 2 Creditor's Claim Against a Settlor of an Irrevocable Trust. Amend the introduct

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