(a) Except as provided in (b) and (c) of this section, rights of unsecured creditors of the seller with respect to goods that have been identified to a contract for sale are subject to the buyer‘s rights to recover the goods under Alaska Stat. § 45.02.502 and 45.02.716.

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Terms Used In Alaska Statutes 45.02.402

  • buyer: means a person who buys or contracts to buy goods. See Alaska Statutes 45.02.103
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Alaska Statutes 45.02.106
  • seller: means a person who sells or contracts to sell goods. See Alaska Statutes 45.02.103
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) 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 located, 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) Nothing in this chapter may be considered to impair the rights of creditors of the seller

(1) under the provisions of Alaska Stat. Chapter 45.29; or
(2) if 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 that under any rule of law of the state where the goods are located would, apart from this chapter, constitute the transaction of a fraudulent transfer or voidable preference.