How is the position right of a finance company (for Finance Lease Scheme) in a bankruptcy proceeding?
Ownership rights to lease item in finance lease with option rights sheme provide position to a finance company to conduct repossession of capital goods from the Lessee / curator's control, then sell it and take the sale proceeds of capital goods for use by prioritizing in the case of payment. Even if the estimated sale proceeds of capital goods can not cover all the debts, finance company may require that the deficit be counted as a concurrent creditor.
This condition makes confirmation of the preferred position of the finance company on such capital goods. Financing companies legally have a right to execute of their rights so that the position of creditors of finance companies is separated from other creditors, and objects of capital goods are also separated from bankruptcy assets.