Indiana § 32-18-2-12 - Insolvency

Full text of Indiana Indiana Code § 32-18-2-12 — Insolvency, with citation guidance and answers to common questions.

§ 32-18-2-12. Insolvency

Sec. 12. (a) For purposes of this section, assets do not include property that has been:

(1) transferred, concealed, or removed with intent to hinder, delay, or defraud creditors; or

(2) transferred in a manner making the transfer voidable under this chapter.

(b) For purposes of this section, debts 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 under this section.

(c) 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.

(d) 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. This presumption imposes upon the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.

[Pre-2002 Recodification Citation: 32-2-7-12.]

As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.11.

Frequently Asked Questions About Indiana § 32-18-2-12

What does Indiana Code § 32-18-2-12 cover?

Section 32-18-2-12 ("Insolvency") is part of the Indiana Code, the codified statutory law of Indiana. 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 Indiana § 32-18-2-12?

A common citation format is "Indiana Code § 32-18-2-12" (Indiana). 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 Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 32-18-2-12 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana 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 Indiana.