Legislation
SECTION 2-A-308
Special Rights of Creditors
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2-A, PART 3
Section 2-A-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.
(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.