There Is a Newer Version
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the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 24 - Title, Creditors and Good Faith Purchasers
Section 2402 - Rights of creditors of seller against sold goods
§ 2402. Rights of creditors of seller against sold goods.
(a) Priority of buyer over unsecured creditors.--Except as
provided in subsections (b) and (c), rights of unsecured
creditors of the seller with respect to goods which have been
identified to a contract for sale are subject to the rights of
the buyer to recover the goods under this division (section 2502
(relating to right of buyer to goods on insolvency of seller)
and section 2716 (relating to right of buyer to specific
performance or replevin)).
(b) Right to void sale upon fraudulent retention of goods.--
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.
(c) Other rights of creditors unimpaired.--Nothing in this
division shall be deemed to impair the rights of creditors of
the seller:
(1) under the provisions of Division 9 (relating to
secured transactions); or
(2) where identification to the contract or delivery is
made 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 is made under circumstances which under any rule
of law of the state where the goods are situated would apart
from this division constitute the transaction a fraudulent
transfer or voidable preference.
Cross References. Section 2402 is referred to in sections
1301, 7504 of this title.
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