The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 9A V.S.A. § 2A-308)
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§ 2A—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 article 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 pre-existing claim for money, security, or the like, and
(b) is made under circumstances which under any statute or rule of law apart from this
article 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. (Added 1993, No. 158 (Adj. Sess.), § 10, eff. Jan. 1, 1995.)