2005 Idaho Code - 55-913 — TRANSFERS FRAUDULENT AS TO PRESENT AND FUTURE CREDITORS

                                  TITLE  55
                             PROPERTY IN GENERAL
                                  CHAPTER 9
                              UNLAWFUL TRANSFERS
    55-913.  TRANSFERS FRAUDULENT AS TO PRESENT AND FUTURE CREDITORS. (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
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 he or she would incur, debts beyond his or her 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 abscounded [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.