Georgia § 18-2-72 - Determining insolvency.
Full text of Georgia Official Code of Georgia Annotated § 18-2-72 — Determining insolvency., with citation guidance and answers to common questions.
§ 18-2-72. Determining insolvency.
A debtor is insolvent if, at a fair valuation, the sum of the debtor's debts is greater than the sum of the debtor's assets. A debtor who is generally not paying his or her 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 Code 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 article. Debts under this Code 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. (Code 1981, § 18-2-72 , enacted by Ga. L. 2002, p. 141, § 3; Ga. L. 2015, p. 996, § 4A-1/SB 65.)
Frequently Asked Questions About Georgia § 18-2-72
What does Official Code of Georgia Annotated § 18-2-72 cover?
Section 18-2-72 ("Determining insolvency.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 18-2-72?
A common citation format is "Official Code of Georgia Annotated § 18-2-72" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 18-2-72 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.