Idaho Code
Idaho Code § 55-913 (2026)
Transfer or obligation voidable as to present or future creditor.
✓ current as of May 2026
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Transfer or obligation voidable as to present or future creditor.
(1) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(a) With actual intent to hinder, delay, or defraud any creditor of the debtor; or
(b) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
1. was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
2. intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor’s ability to pay as they became due.
(2) In determining actual intent under subsection (1)(a) of this section, consideration may be given, among other factors, as to whether:
(a) The transfer or obligation was to an insider;
(b) The debtor retained possession or control of the property transferred after the transfer;
(c) The transfer or obligation was disclosed or concealed;
(d) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(e) The transfer was of substantially all the debtor’s assets;
(f) The debtor absconded;
(g) The debtor removed or concealed assets;
(h) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(i) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(j) The transfer occurred shortly before or shortly after a substantial debt was incurred; and
(k) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
(3) A creditor making a claim under subsection (1) of this section has the burden of proving the elements of the claim by a preponderance of the evidence.
Notes of Decisions
Cited in 41
cases (16 in the last 5 years), 1993–2026 · leading case: Hillen v. City of Many Trees (In re CVAH, Inc.), 570 B.R. 816 (Bankr. D. Idaho 2017).
Hillen v. City of Many Trees (In re CVAH, Inc.), 570 B.R. 816 (Bankr. D. Idaho 2017). “In “Claim Three” of the complaints, relying upon a trustee’s avoiding power found in § 544(b)(1), Trustee cites the Idaho version of the Uniform Fraudulent Transfer Act, and in particular, Idaho Code §§ 55-913 and 55-914, 4 as his authority to avoid and recover, as constructive…”
Fitzgerald v. Magic Valley Evangelical Free Church, Inc. (In Re Hodge), 200 B.R. 884 (Bankr. D. Idaho 1996). “In simple terms, Plaintiff contends Debtors’ tithes to Defendant were made while they were insolvent, and that Debtors received less than reasonably equivalent value in exchange for their contributions. Therefore, Plaintiff argues, the payments should be recovered and…”
Clarke v. Latimer, 437 P.3d 1 (Idaho 2018). “In particular, section 55-913 of the Act provides: (1) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or…”
Zazalli v. Swenson (In re DBSI, Inc.), 561 B.R. 97 (D. Idaho 2016). “§§ 548 (a)(1)(A), 544(b); Idaho Code § 55-913 (l)(a).) The Government may retain a lien on the IRS transfers made within two years of the bankruptcy petition if it can prove that it received the transfers (1) in good faith and (2) for value ( 11 U.”
Murrietta v. Fehrs (In Re Fehrs), 391 B.R. 53 (Bankr. D. Idaho 2008). “However, in the underlying allegations, Trustee also contends that Idaho fraudulent transfer authorities, see Idaho Code §§ 55-913 , 55-914, are applicable and that avoidance is therefore also sought under "§ 544(a)(1) and (a)(2).”
Esposito v. Noyes (In Re Lake Country Investments, Ltd. Liab. Co.), 255 B.R. 588 (Bankr. D. Idaho 2000). “Idaho Code § 55-913 clearly provides standing to both.”
Vanderford Co., Inc. v. Knudson, 165 P.3d 261 (Idaho 2007). “Fraudulent transfer is defined in I.C. § 55-913(1) as: (a) a transfer that is made with “intent to hinder, delay, or defraud any creditor of the debtor;” or (b) a transfer “without receiving a reasonably equivalent value in exchange for the transfer” when a debtor is engaged in…”
In re Hall, 464 B.R. 896 (Bankr. D. Idaho 2012). “2d 151, 162 (1997); see also Idaho Code § 55-913 (2) (Idaho’s Uniform Fraudulent Transfer Act provides a nonexhaustive list of factors to consider which evidence an indicia of fraudulent intent).”
Zazzali v. Hirschler Fleischer, P.C., 482 B.R. 495 (D. Del. 2012). “See Idaho Code § 55-913 (l)(a) (requiring that debtor made transfer or incurred obligation “[w]ith actual intent to hinder, delay, or defraud any creditor of the debtor”).”
Rainsdon v. Garcia (In re Garcia), 465 B.R. 181 (Bankr. D. Idaho 2011). “Avoidance of the Transfer Under Idaho Code § 55-913. 14 The analysis in the preceding section would also apply to Plaintiffs claims for relief under § 544(b), 15 incorporating Idaho Code § 55-913 , which provides: (1) A transfer made or obligation incurred by a debtor is…”
Dunham v. Dunham, 910 P.2d 169 (Idaho Ct. App. 1994). “I.C. §§ 55-913 and 55-914. The court held that on the date the real property was purchased and the quitclaim deed was executed, the spouse executing the quitclaim deed had no interest in the property.”
Alcan Bldg. Prods. v. Peoples, 859 P.2d 374 (Idaho Ct. App. 1993). “Idaho Code § 55-913 (2)(h) indeed expresses a concept relating to fraudulent transfers.”
— Idaho Code § 55-913(1) — 7 cases
Vanderford Co., Inc. v. Knudson, 165 P.3d 261 (Idaho 2007). “Fraudulent transfer is defined in I.C. § 55-913(1) as: (a) a transfer that is made with “intent to hinder, delay, or defraud any creditor of the debtor;” or (b) a transfer “without receiving a reasonably equivalent value in exchange for the transfer” when a debtor is engaged in…”
Dunham v. Dunham, 910 P.2d 169 (Idaho Ct. App. 1994). “I.C. §§ 55-913 and 55-914. The court held that on the date the real property was purchased and the quitclaim deed was executed, the spouse executing the quitclaim deed had no interest in the property.”
Lujan v. Hillbroom (Idaho Ct. App. 2021).
The Gov't of the Lao People's Democratic Repub. v. Baldwin (D. Idaho 2021).
The Gov't of the Lao People's Democratic Repub. v. Baldwin (D. Idaho 2021).
— Idaho Code § 55-913(1)(a) — 4 cases
Clarke v. Latimer, 437 P.3d 1 (Idaho 2018). “In particular, section 55-913 of the Act provides: (1) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or…”
Esposito v. Noyes (In Re Lake Country Investments, Ltd. Liab. Co.), 255 B.R. 588 (Bankr. D. Idaho 2000). “Idaho Code § 55-913 clearly provides standing to both.”
Est. of Collins v. Geist, 153 P.3d 1167 (Idaho 2007).
The Gov't of the Lao People's Democratic Repub. v. Baldwin (D. Idaho 2021).
— Idaho Code § 55-913(1)(b) — 1 case
Dunham v. Dunham, 910 P.2d 169 (Idaho Ct. App. 1994). “I.C. §§ 55-913 and 55-914. The court held that on the date the real property was purchased and the quitclaim deed was executed, the spouse executing the quitclaim deed had no interest in the property.”
— Idaho Code § 55-913(2) — 5 cases
Clarke v. Latimer, 437 P.3d 1 (Idaho 2018). “In particular, section 55-913 of the Act provides: (1) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or…”
Esposito v. Noyes (In Re Lake Country Investments, Ltd. Liab. Co.), 255 B.R. 588 (Bankr. D. Idaho 2000). “Idaho Code § 55-913 clearly provides standing to both.”
Powell v. Crypto Traders Mgmt., LLC (D. Idaho 2021).
Timothy R. Kurtz v. Kalamata Capital Grp., LLC (Bankr. D. Idaho 2026).
Powell v. Crypto Traders Mgmt., LLC (D. Idaho 2020).
— Idaho Code § 55-913(2)(h) — 2 cases
Esposito v. Noyes (In Re Lake Country Investments, Ltd. Liab. Co.), 255 B.R. 588 (Bankr. D. Idaho 2000). “Idaho Code § 55-913 clearly provides standing to both.”
Alcan Bldg. Prods. v. Peoples, 859 P.2d 374 (Idaho Ct. App. 1993). “Idaho Code § 55-913 (2)(h) indeed expresses a concept relating to fraudulent transfers.”
— Idaho Code § 55-913(3) — 1 case
Powell v. Crypto Traders Mgmt., LLC (D. Idaho 2021).
— Idaho Code § 55-913(a) — 1 case
Geile v. Wickersham (Bankr. D. Idaho 2023).
— Idaho Code § 55-913(l)(a) — 2 cases
Hillen v. City of Many Trees (In re CVAH, Inc.), 570 B.R. 816 (Bankr. D. Idaho 2017). “In “Claim Three” of the complaints, relying upon a trustee’s avoiding power found in § 544(b)(1), Trustee cites the Idaho version of the Uniform Fraudulent Transfer Act, and in particular, Idaho Code §§ 55-913 and 55-914, 4 as his authority to avoid and recover, as constructive…”
Esposito v. Noyes (In Re Lake Country Investments, Ltd. Liab. Co.), 255 B.R. 588 (Bankr. D. Idaho 2000). “Idaho Code § 55-913 clearly provides standing to both.”
— Idaho Code § 55-913(l)(b) — 1 case
Dunham v. Dunham, 910 P.2d 169 (Idaho Ct. App. 1994). “I.C. §§ 55-913 and 55-914. The court held that on the date the real property was purchased and the quitclaim deed was executed, the spouse executing the quitclaim deed had no interest in the property.”
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