(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 chapter (30-2-502
(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 the creditor 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 chapter shall be deemed to impair the rights of creditors of the
(a) under the provisions of the Chapter on Secured Transactions (Chapter 9A); 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 chapter constitute the
transaction a fraudulent transfer or voidable preference.
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