Insolvency—insolvency is an required element under 4(b)(9), 5(a) and (b).
(i)    (a) A debtor is insolvent if liabilities outweigh assets.
(ii)    (b) a debtor who is generally not paying his debts as they become due is presumed to be insolvent.  This shifts the burden to the insolvent party to show that they aren’t insolvent.