47-2402. Rights of seller's creditors against
sold goods
A. Except as provided in subsections B and C of this section, rights of unsecured
creditors of the seller with respect to goods which have been identified to a contract
for sale are subject to the buyer's rights to recover the goods under this chapter
(sections 47-2502 and 47-2716).
B. A creditor of the seller may treat a sale or an identification of goods to a
contract for sale as void if as against him a retention of possession by the seller is
fraudulent under any rule of law of the state where the goods are situated, except that
retention of possession in good faith and current course of trade by a merchant-seller
for a commercially reasonable time after a sale of identification is not fraudulent.
C. Nothing in this chapter shall be deemed to impair the rights of creditors of the
seller:
1. Under the provisions of the chapter on secured transactions (chapter 9 of this
title); or
2. Where identification to the contract or delivery is made 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 rule of law of the
state where the goods are situated would apart from this chapter constitute the
transaction a fraudulent transfer or voidable preference.
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