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§12A-2A-308.
§12A-2A-308.
SPECIAL RIGHTS OF CREDITORS
(1) A creditor of a lessor in possession of goods subject to a lease
contract may treat the lease contract as void if as against the
creditor retention of possession by the lessor is fraudulent under any
statute or rule of law, but retention of possession in good faith and
current course of trade by the lessor for a commercially reasonable
time after the lease contract becomes enforceable is not fraudulent.
(2) Nothing in this article impairs the rights of creditors of a
lessor if the lease contract:
(a) becomes enforceable, not in current course of trade but in
satisfaction of or as security for a preexisting claim for money,
security, or the like, and
(b) is made under circumstances which under any statute or rule of law
apart from this article would constitute the transaction a fraudulent
transfer or voidable preference.
(3) A creditor of a seller may treat a sale or an identification of
goods to a contract for sale as void if as against the creditor
retention of possession by the seller is fraudulent under any statute
or rule of law, but retention of possession of the goods pursuant to a
lease contract entered into by the seller as lessee and the buyer as
lessor in connection with the sale or identification of the goods is
not fraudulent if the buyer bought for value and in good faith.
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