Proyectos Electronicos, S.A. v. Alper (In re Ram Manufacturing, Inc.)

OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge:

The issue at bench is whether a sale of goods, wherein the debtor-seller retains possession of said goods until the time the interim trustee in bankruptcy assumes control of the debtor’s estate, constitutes a “fraudulent retention of possession” by the debtor-seller so as to subject the goods in question to the claims of the debtor-seller’s creditors. We conclude that the goods in question were sufficiently marked and set aside in such a manner as to negate any misleading of a purchaser or creditor and that, therefore, the retention by the…