PJC Business

F RAUD AND N EGLIGENT M ISREPRESENTATION

PJC 105.27

insolvency is disputed, the following instruction (which is derived from Code section 24.003) should be submitted: 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. A debtor who is gen erally not paying the debtor’s debts as they become due is presumed to be insolvent.

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