---
title: "Assemble the facts in the file for a solvency discussion"
url: "https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy/assemble-the-facts-for-a-solvency-review-and-safe-harbour-discussion/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A8-T1-R1-US"
practice_area: "Insolvency, Restructuring & Bankruptcy"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Assemble the facts in the file for a solvency discussion

> List the dates and amounts of debts due, payments missed, and balance-sheet figures that appear in the documents the lawyer marks, each with the source page.…

Canonical page: https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy/assemble-the-facts-for-a-solvency-review-and-safe-harbour-discussion/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Insolvency, Restructuring & Bankruptcy](https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the dates and amounts of debts due, payments missed, and balance-sheet figures that appear in the documents the lawyer marks, each with the source page. Do not state whether the debtor was insolvent and do not write a letter. |
| What the lawyer must review | 11 U.S.C. § 547(f) presumes the debtor was insolvent on and during the 90 days immediately before the petition, for the purposes of § 547. Section 548(a)(1)(B) uses insolvency on the date of the transfer or as a result of it as one condition of the reasonably-equivalent-value path, alongside the other conditions in (a)(1)(B)(ii). Section 303(h)(1) is a different test, used for an order for relief in an involuntary case: the debtor is generally not paying debts as they become due, unless those debts are the subject of a bona fide dispute as to liability or amount. No safe-harbour letter, and no statute that gives advice about continuing to trade, was opened. The lawyer writes any opinion. The Code’s definition of insolvent is for the lawyer to apply from the text. This version does not restate it. |
| Written for | United States |
| Applies to | [Assemble the facts for a solvency review and safe-harbour discussion](https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy/assemble-the-facts-for-a-solvency-review-and-safe-harbour-discussion.md) |

## Checking plan

- What the AI does: List the dates and amounts of debts due, payments missed, and balance-sheet figures that appear in the documents the lawyer marks, each with the source page. Do not state whether the debtor was insolvent and do not write a letter.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not treat the § 547(f) presumption as a finding that the company can or cannot pay its debts outside a preference period.
- Section 303(h)(1) is the involuntary-relief test. It is not a director’s defence.
- A letter to the board about trading on is the lawyer’s letter. None of it is generated here.

## Sources

- [11 U.S.C. § 547, preferences](https://www.law.cornell.edu/uscode/text/11/547) (checked 2026-10-22)
- [11 U.S.C. § 548, fraudulent transfers and obligations](https://www.law.cornell.edu/uscode/text/11/548) (checked 2026-10-22)
- [11 U.S.C. § 303, involuntary cases](https://www.law.cornell.edu/uscode/text/11/303) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*