California § 3439.02. 3439.02. (Amended by Stats. 2015, Ch. 44, Sec. 5.)

California Statutes

§ 3439.02. — 3439.02. (Amended by Stats. 2015, Ch. 44, Sec. 5.)

California § 3439.02.

JurisdictionCalifornia

Code CIVCivil Code - CIV

Div. 4.DIVISION 4. GENERAL PROVISIONS

Title2.

Part 2.TITLE 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS

Ch. 1.CHAPTER 1. Uniform Voidable Transactions Act

This text of California § 3439.02. (3439.02. (Amended by Stats. 2015, Ch. 44, Sec. 5.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Civil Code - CIV Code § 3439.02. (2026).

Text

(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 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)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)Debts under this section do not include an obligation to the extent it is secured by a valid l

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(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 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)
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)
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.