§ 6A-2.1-308. 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 chapter 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 preexisting claim for money, security, or the like, and (b) is made under circumstances which under any statute or rule of law apart from this chapter 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.
History of Section.P.L. 1991, ch. 305, § 1.
Structure Rhode Island General Laws
Title 6A - Uniform Commercial Code
Part 3 - Effect of Lease Contract
Section 6A-2.1-301. - Enforceability of lease contract.
Section 6A-2.1-302. - Title to and possession of goods.
Section 6A-2.1-304. - Subsequent lease of goods by lessor.
Section 6A-2.1-305. - Sale or sublease of goods by lessee.
Section 6A-2.1-306. - Priority of certain liens arising by operation of law.
Section 6A-2.1-308. - Special rights of creditors.
Section 6A-2.1-309. - Lessor’s and lessee’s rights when goods become fixtures.
Section 6A-2.1-310. - Lessor’s and lessee’s rights when goods become accessions.