Leasehold and project-operation rights held by a corporate...

Leasehold and project-operation rights held by a corporate debtor under BOT concession arrangements may form part of the liquidation estate and be sold as going-concern assets, even though land ownership remains with the counterparty. The sale transfers only the debtor's existing bundle of rights and does not confer superior rights on the purchaser. Pre-existing BOT rights, including the obligation to transfer the facility at the end of the concession term, remain protected and bind the purchaser. A liquidation sale may extinguish the debtor's liabilities after statutory distribution, but cannot transfer another party's equity interest. Completion of the sale process may be recorded subject to pending litigation where no challenge to the sale itself is made.

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