Rights of seller’s creditors against sold goods
(1)Except as provided in subsections (2) and (3) of this section, 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 pursuant to ORS 72.5020 (Buyer’s right to goods on seller’s repudiation, failure to deliver or insolvency) and 72.7160 (Buyer’s right to specific performance or replevin).
(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 seller:
(a)Under the provisions of ORS chapter 79 on secured transactions; 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. [1961 c.726 §72.4020 (Rights of seller’s creditors against sold goods); 2001 c.445 §136]
Law Review Citations
53 OLR 468-473 (1974); 58 OLR 545 (1980)