47-2A308. Special rights of creditors
A. 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.
B. Nothing in this chapter impairs the rights of creditors of a lessor if the lease
contract 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 is made under
circumstances which under any statute or rule of law apart from this chapter would
constitute the transaction a fraudulent transfer or voidable preference.
C. 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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