4206. Presumption of Insolvency Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 A debtor who is generally not paying [his/her/its] debts as they become due, other than because of a legitimate dispute, is presumed to be insolvent. In determining whether [name of debtor] was generally not paying [his/her/its] debts as they became due, you may consider all of the following: (a) The number of [name of debtor]'s debts; (b) The percentage of debts that were not being paid; (c) How long those debts remained unpaid; (d) Whether special circumstances explain any failure to pay the debts; and (e) [Name of debtor]'s payment practices before the period of alleged nonpayment [and the payment practices of [name of debtor]'s [trade/industry]]. If [name of plaintiff] proves that [name of debtor] was generally not paying debts as they became due, then you must find that [name of debtor] was insolvent unless [name of defendant] proves that [name of debtor] was solvent. ________________________________________________________________________________ New June 2006; Revised June 2016