미국파산법 제11장과 리스채권 = The Lease Credit in the Chapter 11 of the American Bankruptcy Act

다국어 초록 (Multilingual Abstract)

In the event that the bankruptcy treatment of a lessee starts according to the formalities of the Chapter 11 of the American Bankruptcy Act in the American Court, it is mattered what position the lease company has.
If a lease deal is examined as a true lease, the lessee who is a debtor shall bear responsibility for all nonfulfillment of an liability. Contract to this, in the event that the lease deal is judged as a lease of other nature, instead of a true lease, it is treated differently from the case of true lease.
Accordingly the lease company can not assert a right to return the lease thing, as long as they are not equipped with a requisite to oppose. Moreover, the lease company shall be pushed into later order than a case of a true lease in time of allotment of bankruptcy foundation in a position identical with general creditor unsecured, and only partial compensation for the lease thing may be possible.

목차 (Table of Contents)

• 1.서
• 2.논의의 쟁점
• Ⅱ.진정리스와 담보리스
• Ⅲ.진정리스와 미이행쌍무계약
• 1.리스이용자의 도산과 관리인의 권리
• 2.리스이용자의 도산과 리스회사의 권리
• Ⅳ.담보리스와 제11장
• Ⅴ.제11장에서의 국제리스의 취급
• Ⅵ.맺음말