Protecting Your Art from A Dealer’s Creditors

If you’re an artist, you may have wondered what will happen to your art if it’s in a gallery when that art dealer declares bankruptcy, or their creditors come looking for money.

I’ve been working on a months long project to analyze the laws relating to this and related issues in all fifty states, and I’ll be releasing my findings over the coming weeks.

But we’ll start with this: in 31 states the default position is that creditors cannot take your work in order to settle debts with the dealer, including in Massachusetts. In New Jersey, you only need to indicate near the work that it’s on consignment in order to protect your work.