Colorado § 38-8-103 Insolvency

Colorado Statutes

§ 38-8-103 — Insolvency

Colorado § 38-8-103

Title 38Property -

Art.Fraudulent Transfers

This text of Colorado § 38-8-103 (Insolvency) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 38-8-103 (2026).

Text

(1)A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets at a fair valuation.

(2)A debtor that is generally not paying their debts as they become due is presumed to be insolvent. The presumption imposes on the debtor the burden of proving that the nonexistence of insolvency is more probable than the existence of insolvency.

(3)A debtor that is insolvent as defined in 11 U.S.C. sec. 101 (32) of the federal bankruptcy code is insolvent.

(4)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 article.

(5)Debts under this section do not include an obligation

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(1) A debtor is insolvent if the sum of the debtor's
debts is greater than all of the debtor's assets at a fair valuation.

(2) A debtor that is generally not paying their debts as they become due is
presumed to be insolvent. The presumption imposes on the debtor the burden of
proving that the nonexistence of insolvency is more probable than the existence of
insolvency.

(3) A debtor that is insolvent as defined in 11 U.S.C. sec. 101 (32) of the
federal bankruptcy code is insolvent.

(4) 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
article.

(5) 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.

Legislative History

Source: L. 91: Entire article added, p. 1684, � 1, effective July 1. L. 2025: (2) and (3) amended, (SB 25-133), ch. 57, p. 238, � 3, effective August 6.