§490:2-402  Rights of seller's creditors
against sold goods.  (1)  Except as provided in subsections (2) and (3),
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 article (sections 490:2-502 and 490:2-716).



(2)  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 or identification is not fraudulent.



(3)  Nothing in this article shall be deemed to
impair the rights of creditors of the seller:



(a) Under the provisions of the article on secured
transactions (article 9); or



(b) 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 article constitute the transaction a fraudulent
transfer or voidable preference. [L 1965, c 208, §2-402; HRS §490:2-402]