55-914. TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT CREDITOR. (1) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
(2) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
(3) Subject to section 55-911(2), Idaho Code, a creditor making a claim under subsection (1) or (2) of this section has the burden of proving the elements of the claim by a preponderance of the evidence.
History:
[55-914, added 1987, ch. 202, sec. 2, p. 426; am. 2015, ch. 342, sec. 4, 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.