Mexican Legal Framework of Business Insolvency - White & Case

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P. 161.
i. Conservative Measures. Conservative measures include:
■■ Management
of the enterprise (cfr. 15.f).
■■ Suspension of payments ( cfr. 15.g).
■■ Stay of execution ( cfr. 15.h).
■■ Disposition of assets ( cfr. 15.i).
ii. Integrative Measures. Integrative measures include:
■■ Avoidance powers ( cfr. 15.j).
■ ■ Musiana presumption (cfr. 15.k).
iii. Disintegrative measures.
■ ■ The most relevant disintegrative measure is the one concerning separation of
third-party assets in possession of the debtor (cfr. 15.l and 15.m).
f. Management of the Enterprise
Although a conciliator is appointed when a debtor is declared en concurso, the debtor
remains in possession of its enterprise and under the control of prior management,
unless the conciliator requests that the court exercise the exceptional remedy of
removal (cfr. 16.a) [LCM 74, 81]. This position is in line with UNCITRAL (2005), 29 which
provides that [w]here the business is to be continued (either for sale as a going concern
in liquidation or in reorganization), a greater need arises for some form of involvement of
the debtor in management.
During conciliation, the debtor shall conduct the ordinary operations of the enterprise,
including making any essential expenses, while the conciliator oversees the books and
records and each transaction carried out by the debtor [LCM 75].
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