Statutory Liens and the Bankruptcy Act: U.C.C. 2-702 and Section 67(c)
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Authors
Green, Robert A.
Issue Date
1977
Volume
10
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Is the right of a credit seller to reclaim goods from an insolvent buyer under section 2-702 of the Uniform Commercial Code a "statutory lien and therefore invalid against a trustee in bankruptcy under section 67c(l) (A) of the Bankruptcy Act? This question has received much attention in recent years from courts and commentators alike, each frequently reaching diametrically opposed conclusions." This comment analyzes the approach taken by those authorities and suggests that a coherent methodology has emerged which necessitates the conclusion that a seller's right to reclaim goods under section 2-702 is a "statutory lien."...
Description
Citation
10 Creighton L. Rev. 733 (1976-1977)
Publisher
Creighton University School of Law