Idaho Code § 55-914

Transfer or obligation voidable as to present creditor

Known as the Uniform Voidable Transactions Act

The act spans §§ 55–55 (22 sections).

Applied in 9 court decisions — leading case Fitzgerald v. Magic Valley Evangelical Free Church, Inc. (In Re Hodge) (1996)

Most recently applied in Hillen v. City of Many Trees (In re CVAH, Inc.) (May 2017)

I.C., § 55-914, as added by 1987, ch. 202, § 2, p. 422; am. 2015, ch. 342, § 4, 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 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.

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.