In re International Supply Co. – Debtor fails insolvency tests for fraudulent transfers

Description

Abstract: Three insolvency tests are applied to determine whether a debtor’s pre-filing transfer can be rejected as fraudulent under federal bankruptcy law: the balance sheet, cash flow and adequacy of capital tests. This article summarizes a recent case that provides a primer on how financial experts apply these tests. The ruling clarifies that a debtor may be solvent under one test but ultimately be found insolvent. A sidebar explains how to avoid fraudulent transfer claims in estate planning. Stone v. Citizens Equity First Credit Union (In re Int’l Supply Co.), No. 17-08049 (Ill. Bankr. March 20, 2022).