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Idaho Code § 55-916

Remedies of creditor

Known as the Uniform Voidable Transactions Act

The act spans §§ 55–55 (22 sections).

Applied in 3 court decisions — leading case KEB Enterprises, L.P. v. Smedley (2004)

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

I.C., § 55-916, as added by 1987, ch. 202, § 2, p. 422; am. 2015, ch. 342, § 6, p. 1290.

How often courts cite this section

199720002010201710
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) In an action for relief against a transfer or obligation under this act, a creditor, subject to the limitations in section 55-917, Idaho Code, may obtain: Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim;

(2) An attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law; and

(3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure: an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

(4) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

(5) any other relief the circumstances may require.

(6) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.

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.