§490:2A-308  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 article impairs the rights
of creditors of a lessor if the lease contract (i) 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 (ii) 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.



(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. [L 1991, c 40, pt of §1]