55-915. WHEN TRANSFER IS MADE OR OBLIGATION IS INCURRED. For the purposes of this act:
(1) A transfer is made:
(a) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(b) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this act that is superior to the interest of the transferee;
(2) If applicable law permits the transfer to be perfected as provided in subsection (1) of this section and the transfer is not so perfected before the commencement of an action for relief under this act, the transfer is deemed made immediately before the commencement of the action;
(3) If applicable law does not permit the transfer to be perfected as provided in subsection (1) of this section, the transfer is made when it becomes effective between the debtor and the transferee;
(4) A transfer is not made until the debtor has acquired rights in the asset transferred; and
(5) An obligation is incurred:
(a) If oral, when it becomes effective between the parties; or
(b) If evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.
History:
[55-915, dded 1987, ch. 202, sec. 2, p. 426; am. 2015, ch. 342, sec. 5, p. 1293.]
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.