PLAN TERM BEFORE FINALITY · JUDGE ≠ LAJ · OBJECTION ≠ FINDING
The minimum conclusion is already stronger than “LPB later disagreed with the result”. The located record shows repeated, contemporaneous and formally preserved objections that the May 2021 sale/adjudication route did not conform to material safeguards relied upon from the approved plan, followed by reposición, appeal, queja, nullity and constitutional-amparo routes.
LPB formally challenged the auction, notice, competing-offer, deposit and calculation mechanics. Those objections were carried through multiple remedies. Former counsel therefore cannot accurately be described as simply acquiescing.
The audit asks whether each departure had a lawful source of power, whether a formal plan modification was used where required, and whether the resulting process preserved effective competition and review.
The affected-party theory that omissions and commissions may have obscured, normalised or impeded review is preserved. Deliberate concealment, judicial prevarication, favouring a beneficiary or LAJ participation is not established merely by an adverse ruling, omission or inadmission.
| Date | Judicial route | Contemporaneous LPB objection | What must now be proved |
|---|---|---|---|
| 12 May 2021 | Providencia called an in-person licitación/appearance for 18 May. | Luis Miguel López later challenged use of that route against plan provisions he quoted concerning BOE Auction Portal, twenty natural days, publicity/current information and bidder safeguards. | Exact plan clause; legal authority for any substitute mechanism; notice/service to every bidder; whether formal modification was used or needed. |
| 18 May 2021 | Auto approved CAM's proposal definitively after the contemplated licitación did not occur as expected. | Reposición alleged third-party bidder was then the better offer, lacked effective notice, CAM had not improved it or lodged the relevant deposit, and no plan-compliant auction had occurred. | third-party bidder notice and offer file; every deposit/fianza; comparative valuation; judge's power and reasons; LAJ service/publicity acts; deed/Registry implementation. |
| 15 Oct 2021 → 28 Feb 2022 | Reposiciones rejected; clarification then formal protest and appeal. | LPB expressly preserved direct and deferred review rather than accepting the route. | Whether the appeal architecture gave a real route to merits review and how each later tribunal treated the definitive-adjudication objection. |
Audit the decision, stated legal basis, consistency with the approved plan and earlier orders, treatment of filed objections, need for formal modification, reasons for definitive adjudication, and consequences for appeal/finality.
Audit each Diligencia/Decreto, service, notice, LexNET routing, auction/publicity mechanism, docket/index/access act and procedural competence. Identify when the LAJ merely implemented a judge's order and when an independent procedural competence was exercised.
Do not transfer intent or responsibility between them. For alleged enablement identify the LAJ's specific act/omission, knowledge, competence and actual causal contribution.
The repository now separately inventories the 1-Dec-2020 objections; the Jan-2021 reposición alleging earlier filings were treated as if absent; the 2021 nullity/reposición/appeal/queja families; the Feb-2022 Protesta and appeal; Queja 375/2022; the Jan-2023 nullity; and the constitutional-amparo route. This is a source-level history of attempted correction, not proof that every legal argument was correct.
Open the Luis Miguel López filing/remedy register →
Machine-readable judge/LAJ compliance matrix → · Controlling governance supplement →
Certified plan and annexes; any later formal modification; certified chronological/per-piece docket; complete May-2021 bidder service and publicity record; every deposit/fianza and competing-offer object; exact judge-versus-LAJ act allocation; complete appeal/queja service/finality chain; and the adjudication/deed/Registry implementation bridge. Until a certified denominator exists, NOT LOCATED remains different from DID NOT EXIST.