The legislation established in Law 1116 of 2006, which sets the insolvency regulation, presents gaps that do not allow a solution to conflicts when insolvency proceedings have obligations derived from a leasing contract. Consequently, this work analyzes some situations that show a deterioration in creditors' rights due to a leasing operation, such as those that occur when there is a restitution judgment prior to the admission to insolvency proceedings on assets necessary for the development of the corporate purpose given the dichotomy that exists on this concept; and the indeterminacy of the requirements to be met when seeking to make a voluntary restitution and termination of the leasing contract.
