UNIFORM COMMERCIAL CODE
Act 174 of 1962
440.2702 Insolvency of buyer; remedies of seller.
Sec. 2702.
(1) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under this article (section 2705).
(2) Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within 10 days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within 3 months before delivery the 10 day limitation does not apply. Except as provided in this subsection the seller may not base a right to reclaim goods on the buyer's fraudulent or innocent misrepresentation of solvency or of intent to pay.
(3) The seller's right to reclaim under subsection (2) is subject to the rights of a buyer in ordinary course or other good faith purchaser or lien creditor under this article (section 2403). Successful reclamation of goods excludes all other remedies with respect to them.
History: 1962, Act 174, Eff. Jan. 1, 1964
Notes of Decisions
McLouth Steel Prods. Corp. v. Quaker Chem. Co. (In Re McLouth Steel Prods. Corp.), 213 B.R. 978 (E.D. Mich. 1997).
· cites it 11× “Upon learning of Appellant’s filing for bankruptcy, Appellees, pursuant to § 546(e) of the Bankruptcy Code and § 440.2702 of the Michigan Compiled Laws (equivalent to § 2-702 of the Uniform Commercial Code), separately and timely delivered written notices of demand for all goods…”
Genesee Merchants Bank & Trust Co. v. Tucker Motor Sales, 372 N.W.2d 546 (Mich. Ct. App. 1985).
· cites it 10× “[3] MCL 440.2702(2); MSA 19.2702(2), which provides: "Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within 10 days after the receipt, but if misrepresentation of solvency has been made to the…”
Yamaha Motor Corp., USA v. Tri-City Motors & Sports, Inc., 429 N.W.2d 871 (Mich. Ct. App. 1988).
“At least initially then, Yamaha’s security interest arose solely under Article 2. Assuming the situation remained that way, its remedies would be limited to those provided for in the Sales Article, such as reclamation of the goods (MCL 440.”
Performance Papers, Inc. v. Georgia-Pac. Corp. (In Re Performance Papers, Inc.), 119 B.R. 127 (Bankr. W.D. Mich. 1990).
· cites it 2× “Discussion It is settled case law that any valid reclamation right pursuant to § 2-702 of the Uniform Commercial Code and § 546(c) of the Bankruptcy Code only covers those goods supplied within the ten days prior to the written demand that still remain in the Debtor’s possession…”
— Mich. Comp. Laws § 440.2702(2) — 2 cases
Genesee Merchants Bank & Trust Co. v. Tucker Motor Sales, 372 N.W.2d 546 (Mich. Ct. App. 1985).
“[3] MCL 440.2702(2); MSA 19.2702(2), which provides: "Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within 10 days after the receipt, but if misrepresentation of solvency has been made to the…”
— Mich. Comp. Laws § 440.2702(3) — 1 case
Genesee Merchants Bank & Trust Co. v. Tucker Motor Sales, 372 N.W.2d 546 (Mich. Ct. App. 1985).
“[3] MCL 440.2702(2); MSA 19.2702(2), which provides: "Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within 10 days after the receipt, but if misrepresentation of solvency has been made to the…”
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