Idaho Code
Idaho Code

Idaho Code § 55-911 (2026)

Insolvency defined. 

✓ current as of May 2026
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Insolvency defined. 

(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.
Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 1996–2026 · leading case: Fitzgerald v. Magic Valley Evangelical Free Church, Inc. (In Re Hodge), 200 B.R. 884 (Bankr. D. Idaho 1996).
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Fitzgerald v. Magic Valley Evangelical Free Church, Inc. (In Re Hodge), 200 B.R. 884 (Bankr. D. Idaho 1996). · cites it 6× “Idaho Code § 55-911 . Unlike the federal provision, there is no exclusion of exempt assets.”
Post v. Idaho Farmway, Inc., 20 P.3d 11 (Idaho 2001). · cites it 4× “See I.C. § 55-911(2). Farmway contends a genuine *479 issue of material fact existed as to Farm-way’s insolvency, which should have precluded summary judgment.”
Wilder v. Miller, 17 P.3d 883 (Idaho Ct. App. 2000). · cites it 4× “Idaho Code § 55-911 defines “insolvency,” for purposes of the Uniform Fraudulent Transfer Act, as being present when a debtor’s debts are greater than all of the debtor’s assets.”
Zazzali v. 1031 Exch. Grp. LLC (In re DBSI Inc.), 476 B.R. 413 (Bankr. D. Del. 2012). “Count Five — Avoidance and Recovery of Constructively Fraudulent Transfers under Idaho Code Ann. §§ 55-911 (1), 55-916, and 55-917, and 11 U.”
Geile v. Wickersham (Bankr. D. Idaho 2023). · cites it 4× “Under I.C. § 55-911, “[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.”
Powell v. Crypto Traders Mgmt., LLC (D. Idaho 2021). · cites it 2× “” I.C. § 55-911(2). The transferee or debtor has the burden of proving solvency at the time of the transfer.”
Timothy R. Kurtz v. Kalamata Capital Grp., LLC (Bankr. D. Idaho 2026). · cites it 2× “§§ 547 and 548, as well as defined in Idaho Code § 55-911 and applied in 11 U.S.”
Mitchell v. Kruckenberg (Bankr. D. Or. 2024). “47 Idaho Code § 55-911 (1) (2023); Wash. Rev.”
— Idaho Code § 55-911(2) — 2 cases
Post v. Idaho Farmway, Inc., 20 P.3d 11 (Idaho 2001). “See I.C. § 55-911(2). Farmway contends a genuine *479 issue of material fact existed as to Farm-way’s insolvency, which should have precluded summary judgment.”
Powell v. Crypto Traders Mgmt., LLC (D. Idaho 2021). “” I.C. § 55-911(2). The transferee or debtor has the burden of proving solvency at the time of the transfer.”
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