A leasing agreement is considered a so-called continuing obligation.
After a filing for bankruptcy by a leasing party, attention should be paid to the following:
lessor in bankruptcy
asset positions
- application of SchKG 211 / SchKG 211a
- appointment of an insolvency administrator for the leasing agreement
- bankruptcy assets become the debtor for services in place of the insolvent lessor
- continue allowance of the leasing property for use or right of use
- fulfilment of the purchase right
- possibility for the lessee to demand assurances [cf. SchKG 83]
- bankruptcy assets become the debtor for services in place of the insolvent lessor
- non-appointment of an insolvency administrator for the leasing agreement
- lessee is relegated to asserting its claims as a monetary demand in the lessor’s bankruptcy [SchKG 219]
- appointment of an insolvency administrator for the leasing agreement
liability positions
- filing claims
- present and future leasing payments
- contingent claims
- non-fulfilment of the right to a leasing extension
- non-fulfilment of the purchase right
- non-fulfilment of the profit-sharing right when selling to a third party
lessee in bankruptcy
asset positions
- application of SchKG 211 / SchKG 211a
- appointment of an insolvency administrator for the leasing agreement
- bankruptcy assets become the debtor for services in place of the insolvent lessee
- remission of leasing payments and amortisation
- possible fulfilment of the purchase obligation
- possibility for the lessor to demand assurances [cf. SchKG 83]
- bankruptcy assets become the debtor for services in place of the insolvent lessee
- non-appointment of an insolvency administrator for the leasing agreement
- lessor is relegated to asserting its claims as a monetary demand in the lessee’s bankruptcy [SchKG 219]
- appointment of an insolvency administrator for the leasing agreement
liability positions
- filing claims
- possible damage claim for non-fulfilment of acquisition transaction
- possible damage claim for non-fulfilment of construction obligation
- damage claim for non-fulfilment of usage rights or right of use
- contingent liabilities
- non-fulfilment of the requirement to restore the property to is original state
- non-fulfilment of the purchase obligation
- claim for non-fulfilment of the timely return obligation
