§ 5102. Insolvency.
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/pa/title-12/chapter-51/5102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 5102. Insolvency.
(a)General rule.-- A debtor is insolvent if, at fair valuation, the sum of the debtor's debts is greater than the sum of the debtor's assets.
(b)Presumption of insolvency.-- 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.
(c)Exclusion of certain assets.-- 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.
(d)Exclusion of certain debts.-- 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.
(e)Exclusion of certain debts.-- ((e) relettered to (d)).
12c5102v
(Dec. 22, 2017, P.L.1249, No.78, eff. 60 days)
2017 Amendment. See section 7 of Act 78 in the appendix to this title for special provisions relating to applicability.
Cross References. Section 5102 is referred to in section 5105 of this title.
12c5103s