Idaho Code § 55-911

Insolvency defined

Known as the Uniform Voidable Transactions Act

The act spans §§ 55–55 (22 sections).

Applied in 3 court decisions — leading case Fitzgerald v. Magic Valley Evangelical Free Church, Inc. (In Re Hodge) (1996)

Most recently applied in Zazzali v. 1031 Exchange Group LLC (In re DBSI Inc.) (August 2012)

I.C., § 55-911, as added by 1987, ch. 202, § 2, p. 422; am. 2015, ch. 342, § 2, p. 1290.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets.

(2) A debtor that is generally not paying the debtor’s debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the transferee or debtor the burden of proving that it is probable that the debtor was solvent at the time of the transfer.

(3) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this act.

(4) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.