Uniform Voidable Transactions Act
Idaho · Property in General · §§ 55-901 to 55-922 · 22 sections
Overview
The act governs the relationship between debtors and their creditors and the circumstances in which a transfer of property or an obligation incurred by a debtor can be undone because it unfairly interferes with a creditor's ability to collect. It supplies the operative definitions and tests — what counts as value, when a debtor is insolvent, when a transfer is treated as made, and when actual intent to defraud or the absence of reasonably equivalent value renders a transfer voidable — and it specifies the relief available to a creditor, the conditions under which a judgment may be entered against a transferee, the deadline for bringing an action, and where suit may be filed. It also regulates assignments a debtor makes for the benefit of creditors, requiring that the deed of assignment be executed, filed, and recorded together with sworn statements and a list of the assignor's property and creditors, that the assignee post bond and then administer and distribute the estate, and it sets out who may sue to set an assignment aside, what must be proved, and how creditors are notified and paid.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 78 court decisions.
Most-cited authority: 391 B.R. 53 - Murrietta v. Fehrs (In Re Fehrs)
Sections covered
- Idaho Code § 55-901Fraudulent conveyances of land4 cites
- Idaho Code § 55-902Grantee must be privy to fraud
- Idaho Code § 55-903Power of revocation — When deemed executed
- Idaho Code § 55-904Power of revocation not subject to exercise before grant — When deemed executed
- Idaho Code § 55-905Fraudulent transfers of personalty
- Idaho Code § 55-906Transfers in fraud of creditors14 cites
- Idaho Code § 55-907Transfers in fraud of creditors — Delivery and change of possession1 cite
- Idaho Code § 55-908Fraud is a question of fact2 cites
- Idaho Code § 55-909Title of purchaser not impaired1 cite
- Idaho Code § 55-910Uniform voidable transactions act — Definitions9 cites
- Idaho Code § 55-911Insolvency defined3 cites
- Idaho Code § 55-912Value defined
- Idaho Code § 55-913Transfer or obligation voidable as to present or future creditor19 cites
- Idaho Code § 55-914Transfer or obligation voidable as to present creditor9 cites
- Idaho Code § 55-915When transfer is made or obligation is incurred1 cite
- Idaho Code § 55-916Remedies of creditor3 cites
- Idaho Code § 55-917Defenses, liability, and protection of transferee or obligee5 cites
- Idaho Code § 55-918Extinguishment of a cause of action7 cites
- Idaho Code § 55-919Governing law
- Idaho Code § 55-920Application of general law
- Idaho Code § 55-921Uniformity of application and construction
- Idaho Code § 55-922Short title
Enacted in other states
Alabama, Arkansas, California, Georgia, Iowa, Indiana, Kentucky, Minnesota, North Carolina, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont
Download
Copy
Embed on your site
Hover to preview · click to copy the code