Idaho Code

Idaho Code § 55-908 (2026)

Fraud is a question of fact. 

✓ current as of May 2026
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Fraud is a question of fact. 

In all cases arising under the provisions of chapters 5 to 9 inclusive, of this title, the question of fraudulent intent is one of fact, and not of law; nor can any transfer or charge be adjudged fraudulent solely on the ground that it was not made for a valuable consideration.

Notes of Decisions
Cited in 5 cases, 1955–2012 · leading case: In re Hall, 464 B.R. 896 (Bankr. D. Idaho 2012).
In re Hall, 464 B.R. 896 (Bankr. D. Idaho 2012). · cites it 2× “See Idaho Code § 55-908 . B. Intention to Defraud Creditors The law tolerates a certain amount of pre-bankruptcy exemption planning.”
Mohar v. McLelland Lumber Co., 501 P.2d 722 (Idaho 1972). · cites it 3× “I.C. § 55-908; Snell v. Prescott, 48 Idaho 783 , 285 P.”
Sur. Life Ins. v. Rose Chapel Mortuary, Inc., 514 P.2d 594 (Idaho 1973). · cites it 2× “” The intent required by Idaho Code § 55-906 is described in Idaho Code § 55-908 which provides: “55-908.”
Head v. Crone, 279 P.2d 1064 (Idaho 1955). · cites it 2× “Such concept cannot apply here because, a mortgage cannot be adjudged fraudulent solely on the ground that it was not made for a valuable consideration, I.C. § 55-908; further, the question of whether a transfer is void as being in fraud of creditors is one which may only be…”
Siegel Mobile Home Grp., Inc. v. Bowen, 757 P.2d 1250 (Idaho Ct. App. 1988). · cites it 2× “I.C. § 55-908; see also Gish v. Unruh, 160 Kan.”
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