The team of the Exiora law office defended the winner of the auction, who acquired the property of the bankrupt in the amount of more than 100 million rubles
As a result of the trial in the Sixteenth Arbitration Court of Appeal (Essentuki), the Exiora team won a separate dispute in the bankruptcy case of Alco-Standard LLC (case № A20-5246/2014) regarding the invalidation of the results of the conducted auction of the debtor’s property.
The principal was the winner of the auction of the bankrupt’s property for a total amount of more than 100 million rubles. Third parties filed applications for the recognition of the auction as invalid. As a result: the property was never transferred, and the paid funds were frozen. Having considered the applications, the court of first instance declared the sale of the debtor’s property invalid.
Exior’s lawyers had a difficult job to cancel the judicial act of the court of first instance, taking into account the fact that, as a general rule, it is not allowed to provide additional evidence to the court of appeal.
Nevertheless, we managed to prove the absence of violations during the auction and violations of the rights of third parties: an allegedly potential bidder who was not allowed to participate in the auction, and the Ministry of Land and Property Relations of the Kabardino-Balkarian Republic.
The systematic and well-coordinated work of the team of lawyers of Exiora Law Firm led to the successful protection of the interests of the Principal: the decision of the court of first instance to recognize the auction as invalid was canceled, and the applications of third parties were recognized as unfounded, and their satisfaction was denied.