TITLE 55

PROPERTY IN GENERAL

CHAPTER 9

UNLAWFUL TRANSFERS

55-912.  Value defined. (1) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promissor’s business to furnish support to the debtor or another person.

(2)  For the purposes of sections 55-913(1)(b) and 55-914, Idaho Code, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.

(3)  A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.

History:

[55-912, added 1987, ch. 202, sec. 2, p. 425.]