This involves the purchase of an isolated asset, rather than a company as a whole, as part of a judicial liquidation.
Liquidators may receive or invite offers to purchase equipment, furniture, vehicles, buildings, commercial leases, client files, etc. owned by the debtor.
Individual assets to be disposed of can be accessed on Actify. The law allows a private sale to be organised if offers are forthcoming.
Offers sent to the liquidator must be accompanied by various supporting documents, in particular regarding the identity of the buyer, as well as the terms of payment of the price.
If one or more offers are received, the liquidator will submit a request to the bankruptcy judge, who will either select the offer of his choice or reject the offers and order the sale by public auction.
In principle, the winning offer will be the one that provides the best financial value.
If no offer is accepted (if the conditions of the private sale are not favourable) or if there are no offers, the bankruptcy judge will order the sale by auction.
Obviously, these various procedures may co-exist in the same procedure: one asset may be sold by auction, and another may be sold by mutual agreement.
