Who is the owner, who is allowed to confiscate the vehicle, and what claims exist besides the insolvency quota?
Your motorhome provider is insolvent and the vehicle is sitting on your doorstep. Whether you can keep it depends on whether you have a subscription, a lease, or a hire-purchase agreement. Rogert & Ulbrich will review your contract documents, clarify the ownership situation, and enforce your claims against the insolvency administrator, bank, and payment service provider.
Subscription, leasing, and hire purchase are three different contracts with three different legal consequences.
The insolvency of a motorhome provider affects customers with very different contractual relationships. Those who pay monthly for a subscription have a different legal position than someone who leases a vehicle over 48 months or pays for it through a rent-to-own agreement. What matters is not the label on the contract form, but the actual content of the agreement. Many providers market contracts under the term "subscription" that are legally just rental agreements, while others package rent-to-own as a flexible usage model.
These four basic models are relevant in practice:
- Motorhome subscriptionTemporary use in exchange for a monthly flat fee, usually including insurance, vehicle tax, and maintenance. Legally, this is generally a rental agreement with additional services. Ownership is not part of the agreement.
- leasingLeasing involves the vehicle being provided at fixed rates over an agreed term, with return at the end. Billing is based on kilometers driven or a calculated residual value. The lessor or the leasing company behind them remains the owner.
- Rent-to-ownUse in installments with the stated goal of acquiring ownership. Ownership is typically transferred only with the final installment, but the customer already has a legally protected acquisition position beforehand.
- Financed purchaseYou become the owner upon delivery; the financing bank only holds the vehicle as security. This arrangement is the most favorable in the event of the lender's insolvency.
The allocation determines everything else: ownership, who can demand the vehicle's return, and rights vis-à-vis the financing bank. A lease buyer who has already paid two-thirds of the purchase price is not dependent on the insolvency dividend. A subscription customer who has paid a year in advance, however, may be, unless they can find other creditors.
First, check what type of contract it actually is. The heading on the contract says little about this; the crucial points are the provisions regarding the term, return, residual value, and transfer of ownership.
Who owns the vehicle and who is actually allowed to confiscate it?
After insolvency proceedings are opened, several parties often contact you simultaneously: the insolvency administrator, a leasing company, a bank, or a liquidation service provider. They all want the vehicle. Before you release it, it must be clarified who is actually entitled to it.
Three positions must be distinguished. The owner is the person who legally possesses the vehicle. The keeper is the person who uses the vehicle at their own expense and determines its use; in many subscription and leasing models, this is the customer themselves. The possessor is the person who exercises actual control over the vehicle. These three roles are regularly separated in motorhome contracts, and the vehicle registration certificate Part I says nothing about ownership. The vehicle registration certificate Part II, which is typically held by the owner or the financing bank, is more informative.
There is another aspect that surprises many customers: The provider typically finances its vehicle portfolio itself and transfers ownership of the motorhomes to the refinancing bank as security. This bank then becomes the secured creditor. In insolvency proceedings, it has a right of segregation under Section 51 No. 1 of the German Insolvency Code (InsO), meaning it can preferentially satisfy its claims from the proceeds of the sale. In contrast, a right of exclusion under Section 47 of the German Insolvency Code (InsO) is only available to someone to whom the asset does not belong as part of the insolvency estate, such as a buyer who has already acquired full ownership.
This means that a bank's demand for the return of the property is not automatically justified. If your usage agreement remains in effect, you can assert your own right of possession against this demand. Whether this right is valid depends on when the security assignment took place, how it was structured, and whether the contractual relationship was effectively terminated. You should not conduct this assessment over the phone or under time pressure.
Do not release the vehicle until you have written proof of your authorization. Request to see the insolvency proceedings order, the appointment of the administrator, or the security assignment agreement, and document the mileage and condition of the vehicle.
What the insolvency administrator is allowed to do and where his rights end
In cases where both parties have not yet fully performed their contractual obligations, the insolvency administrator has a right of election under Section 103 of the German Insolvency Code (InsO). They can demand performance or refuse it. If they refuse, the claim to contractual performance ends, and your counterclaim becomes a simple insolvency claim under Section 38 of the InsO, i.e., a quota claim. This is the scenario that those affected fear. However, it is not without exception.
Two regulations significantly limit the right to vote:
- Section 108 Paragraph 1 Sentence 2 InsOLease agreements for movable property remain in effect for the benefit of the insolvency estate if the debtor entered into the agreement as lessor and the property was transferred as security to a third party who financed its acquisition. This is precisely the typical structure for refinanced subscription and leasing fleets. The contract does not automatically terminate upon insolvency.
- Section 107 Paragraph 1 InsOIf the seller has sold a movable item under retention of title and transferred possession to you, you can demand fulfillment of the purchase agreement. For the lessee with a delivered vehicle, this is the key protection. The administrator cannot simply deprive you of your ownership rights.
In practical terms, this means that anyone already using a motorhome on a lease-to-own basis and continuing to make payments can complete their purchase as scheduled, even if the seller is insolvent. Those using a refinanced subscription should not assume that their contract will terminate upon the commencement of insolvency proceedings. In both cases, however, the specific terms of the contract and the refinancing structure are crucial.
The payment address is also important. After insolvency proceedings have been opened, a payment to the debtor is only valid if the conditions of Section 82 of the German Insolvency Code (InsO) are met. If the claim has been assigned to a bank, payment must be made to that bank. Anyone who continues to transfer money to the old account risks having to pay twice.
Do not unilaterally stop making payments. An unjustified refusal to pay can trigger termination of the contract by the other party and weaken your position. Clarify beforehand to whom and on what basis payments will be made.
Prepaid installments, deposit and special payment: the options besides the insolvency quota
Many subscription and leasing models require a substantial upfront payment: a special payment at the start of the contract, a deposit, or advance payment for several months. If the provider defaults, this money is tied up with them. Filing for insolvency is mandatory, but rarely results in any significant refund. The crucial economic question, therefore, is whether there is a solvent third party.
We regularly review these starting points:
- Linked contractIf the vehicle was financed through a bank and the purchase and loan agreements form a single economic unit, Sections 358 and 359 of the German Civil Code (BGB) apply. You can then raise objections arising from the vehicle contract against the bank, and a valid cancellation will cover both contracts.
- Paid financial assistanceHire purchase and certain leasing models can be classified as financing assistance under Section 506 of the German Civil Code (BGB), particularly if you are obligated to purchase the item or are liable for a specific residual value. This entails information obligations and a possible right of withdrawal.
- ChargebackIf payment was made by credit card or via a payment service provider, a chargeback may be possible. Short deadlines and formal requirements for the justification apply.
- Booking and intermediary portalsIf the payment is processed through a portal, it must be clarified whether there are still funds available there and whether the portal can be used as a payment intermediary.
- Personal liabilityIf advance payment was demanded shortly before insolvency, even though insolvency was foreseeable, the management may be held liable.
Which of these options applies depends on your documents. Background information on recovery options after a provider's insolvency can be found in our article. Camping provider insolvent. Our website provides information on the special features of leasing and financing contracts. Revocation and termination of leasing.
Secure all payment receipts, bank statements, and complete contract correspondence. Without this documentation, none of the aforementioned options can be reliably justified.
Insurance, vehicle tax and owner obligations: the underestimated risk
With motorhome subscriptions and many leasing models, the provider covers insurance, vehicle tax, and maintenance. These are precisely the services that are often the first to disappear in insolvency proceedings. The practical consequences can be serious: If the motor vehicle liability insurance is no longer maintained and the contract is terminated, the insurance coverage lapses after the extended liability period. Anyone who continues to use the vehicle on public roads after this point is liable under Section 6 of the Compulsory Insurance Act (PflVG) and is personally liable in the event of an accident.
Therefore, clarify the following points as soon as possible:
- Insurance statusContact your insurer, providing your vehicle registration number, to inquire whether and until when liability coverage applies. Do not rely on information provided by the insurer.
- Vehicle taxThe registered owner is liable for the tax. If you are listed as the registered owner in the vehicle registration document, the tax office can hold you liable, even if the contract stipulates that the provider is responsible.
- Main inspection and maintenanceDeadlines remain in effect. If the deadline is missed, fines may be imposed and, in the event of damage, discussions about contributory negligence may arise.
- Fines and tollsHearing notices will be served on the vehicle owner. If you are unable to reach them via the insolvent provider, this will result in omissions through no fault of your own.
If a contractually owed main service, such as insurance coverage, ceases permanently, extraordinary termination under Section 543 or Section 314 of the German Civil Code (BGB) may be considered. Whether this is applicable in a specific case and what consequences it has for amounts already paid should be examined before making a declaration. Further information on usage and return disputes can be found on our website. Lease and rental car return as in the area traffic law.
Do not continue using the vehicle until the liability coverage is clarified. In a worst-case scenario, the risk falls on you personally, not the insolvency estate.
Your next steps after the insolvency filing
In the first few days after insolvency is announced, it often becomes clear which claims will later be enforceable. Chargeback deadlines begin to run, notices of termination are sent, and vehicles are collected. Those who proceed systematically lose less.
- Compile documents: Contract with all attachments, general terms and conditions, handover protocol, proof of payment, insurance documents and all correspondence.
- Determine the type of contractSubscription, leasing, hire purchase, or financed purchase. Whether you can keep the vehicle depends on this.
- Clarify insurance coverageDirectly to the insurer, in writing and with a date.
- Check payment methodsClarify to whom payment will be made with legally binding effect before the next installment is due.
- Check chargeback optionsCredit card, payment service provider or direct debit, each within the applicable time limits.
- Register claim: Register in the insolvency schedule within the prescribed time limit after the commencement of proceedings, even if other avenues are being pursued in parallel.
- Do not sign anything.Neither termination agreements nor return protocols with waiver clauses should be drawn up before the legal situation is clarified.
Don't sign anything until you know what you're agreeing to. If you're unsure, have the process reviewed. You can find more articles on vehicle disputes in our section. Automotive, We will address questions about the bank and financing in the banking law.
Rogert & Ulbrich – Your lawyers in the event of the insolvency of the motorhome supplier
Rogert & Ulbrich represents consumers nationwide in matters relating to vehicles, banks, and insolvency. Attorneys Dr. Marco Rogert and Tobias Ulbrich and their team have handled over 40,000 cases and filed over 25,000 lawsuits. This experience has given us in-depth knowledge of the contract models used by subscription and leasing providers, typical refinancing structures, and the argumentation strategies employed by the banks involved.
We review your contract, assess its legal implications, and clarify ownership and who can demand its return. We correspond with the insolvency administrator, register your claim in the schedule of claims, and simultaneously examine claims against the bank, payment service provider, portal, and management. If an out-of-court settlement cannot be reached, we will also represent you in court proceedings.
Is your supplier insolvent, is your vehicle about to be repossessed, or is your advance payment blocked? Get in touch and secure your rights.
