The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
001
:
VOIDABLE TRANSACTIONS
(Cite as: 9 V.S.A. § 2286)
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§ 2286. Insolvency
(a) 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.
(b) 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.
(c) Assets under this section do not include property that has been transferred, concealed,
or removed with the intent to hinder, delay, or defraud creditors or that has been
transferred in a manner making the transfer voidable under this chapter.
(d) 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. (Added 1995, No. 179 (Adj. Sess.), § 14; amended 2017, No. 20, § 1; 2021, No. 20, § 10.)