(a) A security interest is not invalid or fraudulent against creditors solely because:
(1) the debtor has the right or ability to:
- (A) use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods;
- (B) collect, compromise, enforce, or otherwise deal with collateral;
- (C) accept the return of collateral or make repossessions; or
- (D) use, commingle, or dispose of proceeds; or
- (2) the secured party fails to require the debtor to account for proceeds or replace collateral.
- (b) This section does not relax the requirements of possession if attachment, perfection, or enforcement of a security interest depends upon possession of the collateral by the secured party.
As added by P.L.57-2000, SEC.45.