The acquisition of property in the bankruptcy procedure often seems to be a simple and understandable mechanism for the acquisition of such fixed assets as an integral property complex (IPC), separately defined real estate, equipment, vehicles, etc.
At the same time, the indicated procedure for the acquisition and registration of the right of ownership contains a significant number of subtleties and features of the acquisition of the specified property. It is also necessary to take into account that usually such a procedure is characterized by the existence of an inevitable conflict between its participants.
In our opinion, the most optimal way is the preliminary preparation of any property for sale, as well as the mandatory legal control of a certain part of the bankruptcy procedure by the potential buyer for the further safe purchase of the specified property. It should also be noted that a deep and thorough study of the subject of purchase, directly of the bankrupt, as well as the procedure as a whole, allows to establish the presence of both direct and potential risks of acquiring property into ownership.
These conclusions are based on widespread cases where violations of the bankruptcy procedure and/or defects in property ownership and/or specifics of the legal status of the bankrupt or his creditors, which were not established in time, may lead to a challenge to the bidding procedure, the cancellation of the acquired right of ownership and the resulting losses to the buyer.
Both law enforcement agencies and any economic entities, including persons dissatisfied with the results of the auction, may be interested in using the shortcomings of the procedure.
In addition, our extensive experience allows us to very carefully analyze the legal procedure, which is often related to the technical features of the emergence and change of ownership rights, the prospects for its use, as well as potential risks that are not obvious to persons who do not have the relevant knowledge.
