- (1) 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.
- (2) 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 rebuttably presumed to be insolvent.
- (3) 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 ORS 95.200 to 95.310.
- (4) Debts under this section do not include an obligation to the extent the obligation is secured by a valid lien on property of the debtor not included as an asset.
[1985 c.664 §2; 2023 c.83 §6]