55-913. TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT OR FUTURE CREDITOR. (1) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(a) With actual intent to hinder, delay, or defraud any creditor of the debtor; or
(b) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
1. was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
2. intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor’s ability to pay as they became due.
(2) In determining actual intent under subsection (1)(a) of this section, consideration may be given, among other factors, as to whether:
(a) The transfer or obligation was to an insider;
(b) The debtor retained possession or control of the property transferred after the transfer;
(c) The transfer or obligation was disclosed or concealed;
(d) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(e) The transfer was of substantially all the debtor’s assets;
(f) The debtor absconded;
(g) The debtor removed or concealed assets;
(h) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(i) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(j) The transfer occurred shortly before or shortly after a substantial debt was incurred; and
(k) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
(3) A creditor making a claim under subsection (1) of this section has the burden of proving the elements of the claim by a preponderance of the evidence.
History:
[55-913, added 1987, ch. 202, sec. 2, p. 425; am. 2015, ch. 342, sec. 3, p. 1292.]
Structure Idaho Code
Title 55 - PROPERTY IN GENERAL
Chapter 9 - UNLAWFUL TRANSFERS
Section 55-901 - FRAUDULENT CONVEYANCES OF LAND.
Section 55-902 - GRANTEE MUST BE PRIVY TO FRAUD.
Section 55-903 - POWER OF REVOCATION — WHEN DEEMED EXECUTED.
Section 55-904 - POWER OF REVOCATION NOT SUBJECT TO EXERCISE BEFORE GRANT — WHEN DEEMED EXECUTED.
Section 55-905 - FRAUDULENT TRANSFERS OF PERSONALTY.
Section 55-906 - TRANSFERS IN FRAUD OF CREDITORS.
Section 55-907 - TRANSFERS IN FRAUD OF CREDITORS — DELIVERY AND CHANGE OF POSSESSION.
Section 55-908 - FRAUD IS A QUESTION OF FACT.
Section 55-909 - TITLE OF PURCHASER NOT IMPAIRED.
Section 55-910 - UNIFORM VOIDABLE TRANSACTIONS ACT — DEFINITIONS.
Section 55-911 - INSOLVENCY DEFINED.
Section 55-912 - VALUE DEFINED.
Section 55-913 - TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT OR FUTURE CREDITOR.
Section 55-914 - TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT CREDITOR.
Section 55-915 - WHEN TRANSFER IS MADE OR OBLIGATION IS INCURRED.
Section 55-916 - REMEDIES OF CREDITOR.
Section 55-917 - DEFENSES, LIABILITY, AND PROTECTION OF TRANSFEREE OR OBLIGEE.
Section 55-918 - EXTINGUISHMENT OF A CAUSE OF ACTION.
Section 55-919 - GOVERNING LAW.
Section 55-920 - APPLICATION OF GENERAL LAW.
Section 55-921 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.