Title 11, Chapter 2A, Section 308
( 11-2A-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
pre-existing 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. |