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State Statutes - Idaho - Title 28 - Chapter 2 - 28-2-402
Idaho Statutes
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28-2-402 - RIGHTS OF SELLER'S CREDITORS AGAINST SOLD GOODS
(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
(sections 28-2-502 and 28-2-716).
(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 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.
(3) Nothing in this chapter shall be deemed to impair the rights of
creditors of the seller
(a) under the provisions of the chapter on Secured Transactions (chapter
9); 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
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 chapter constitute the transaction a
fraudulent transfer or voidable preference.
 
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