[CLBS] Idaho's Uniform Fraudulent Transfers Act

[William J. O'Connor]

Judgment creditor sues debtor’s wife alleging fraudulent transfer. Creditor now seeks to amend complaint to add both debtor and debtor’s boss as defendants, also alleging fraudulent transfer.  Regarding the boss, there are no allegations that debtor transferred any assets to the boss; but instead, creditor alleges that boss knew creditor was pursuing debtor to collect on judgment and boss paid debtor from personal account instead of business account.  Instead of seeking to void any transfers, creditor’s complaint seeks judgments for damages, in the same amount of creditor’s judgment against debtor.  Creditor also reserves right to seek punitive damages and attorney’s fees (even though creditor is a pro se attorney and Idaho law is clear that pro se lawyers cannot be awarded attorney fees - he tries every time).

I have researched and cannot find any authority supporting:

1. Creditor’s suit against boss under the Uniform Fraudulent Transfer’s Act when no allegation that debtor made any transfers of assets to boss exist, and only basis is for paying debtor from personal account.

2. Judgment against debtor for additional damages, including punitive damages, because creditor has thus far been unable to collect on his judgment.

3. Awards for damages against wife and boss, as opposed to seeking to void any specified transfers.

Am I missing something?  

I appreciate any thoughts on or off list.

William J. O’Connor
O’Connor Law, PLLC
824 West Franklin Street
Boise, ID  83702

Phone: 208-344-5095
Fax:     208-286-1034
william at williamthelawyer.com