Deposit paid, cash out? What the Kika/Leiner breakup meant…

Bankruptcies are opened, Reading/Leiner wants to try again. The furniture store, which had already fallen into bankruptcy in mid-2023, aims to restructure. Now it is the turn of the insolvency administrator, St Pölten lawyer Volker Leitner. He also has to decide what will happen to the applications of several Kika/Leiner customers who have already paid a deposit​​​​​​​​for a kitchen, for example, but are still waiting for delivery.

No priority handling

“Priority” treatment for existing customers is largely excluded, explains Matthias Stipanitz, a lawyer at Schmidt Pirker Podoschek Rechtsanwälte, when asked by the “Presse” : The contractual relationships of those customers who have made advance payments before the break is announced will therefore remain in place. if the break is declared basically straight – or they are in some kind of “floating state”. A bankruptcy administrator has the right to choose: If he proves that he is entering into the individual contractual relationship, he must also fulfill it. If it announces that it has been withdrawn, the customer can return the deposit paid as a bankruptcy claim. This claim must be filed in the bankruptcy proceedings and will only be paid on a pro rata basis. Cost: 25 euros.

“A decision will be made first how the bankruptcy administrator will proceed,” says Stipanitz. When he exercises the right to choose, the insolvency administrator will decide in any case based on the economic favor of the estate will break

Almost 1000 creditors

According to debtors information, there are currently 924 creditors with unpaid claims, including suppliers, employees and the tax office. In addition, several customers who have paid a deposit, for example for kitchens or larger residential purchases, are also affected. The credit defenders are currently unable to estimate the number of down payment creditors affected. (photo/APA)