Mexican Legal Framework of Business Insolvency - White & Case

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78 iv. Procedure The removal shall be conducted as per the following rules: ■■ Until the receiver takes office, the conciliator will continue performing his supervision and surveillance duties [LCM 181-I]. ■■ As soon as the receiver takes office, he will immediately be provided with the debtor’s inventories, properties, cash on hand, books, securities and other documents [LCM 181-II]. While the Insolvency Law is not clear, arguably, this duty corresponds to the debtor, the conciliator and any third party in possession of the debtor’s assets. ■■ Any depositaries of the debtor’s property will be ordered to immediately deliver such property to the receiver [LCM 181-III]. ■■ Upon taking possession of the property, the receiver will immediately take the steps necessary to protect and preserve such property [LCM 183]. ■■ Any sales of goods or services shall be made in the ordinary course of business [LCM 184]. ■■ Any perishable goods and any instruments, the rights of which require an expeditious exercise, will be included in a list and delivered to the receiver, and any proceeds therefrom shall be delivered to the receiver in deposit [LCM 185]. It is completely unclear who is bound by this rule. ■■ The conservators and the debtor may participate in the removal procedures [LCM 182]. ■■ Within 60 business days from the removal, the receiver must present to the judge (1) a report on the status of the debtor’s accounting; (2) an inventory of the estate; and (3) a balance sheet as of the date of removal [LCM 190]. b. Recognition The Insolvency Law provides for the allowance and prioritization of creditor claims and for the distribution of estate assets to be made in accordance with such priority.
Claims by creditors operate at two levels in insolvency proceedings—firstly, for purposes of determining which creditors may vote in the proceedings and how they may vote (according to the class into which they fall and the value of their claim, where that is a relevant factor) and, secondly, for purposes of distribution. The procedure for submission of claims and their admission is therefore a key part of the insolvency proceedings. Consideration should be given to determining which creditors should be required to submit claims and the types of claim that should be submitted. Those claims might include, for example, all rights to payment that arise from acts of omissions of the debtor prior to commencement of the insolvency proceedings, whether or not they are mature, liquidated or unliquidated, fixed or contingent. Consideration should also be given to the procedures applicable to the submission, verification and admission of claims, the consequences of failure to submit a claim and review of decisions concerning the admission of claims. 58 While creditor recognition is most relevant for liquidation, the process begins during the conciliatory stage and, if required, will continue through the liquidation stage [LCM 120, 177]. i. Allowable Claims The Insolvency Law does not make a distinction and therefore it is generally accepted that all valid claims are subject to recognition. This means that recognition would include claims that are secured or unsecured, as well as claims of a civil (e.g., tort), commercial, administrative (e.g., taxes, fines), or labor nature. It would also include present claims as well as future claims originated pre-petition. While the Insolvency Law is silent in this respect, arguably, unenforceable claims (e.g., gambling debts, claims for which the statute of limitations has lapsed, etc.) would not be recognized. 58 UNCITRAL (2005), p. 249. White & Case 79
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Mexican Legal Framework of Business
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Mexican Legal Framework of Business
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Maria Teresa Fernández Labardini*
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PART IIISpecial Insolvencies ......
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2 Consignment Consignación Coopera
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4 Priority claim Crédito con privi
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Introduction All of a debtor’s as
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PART I Out-of-Court Restructuring O
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One of the risks that suppliers of
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Under either of the two approaches,
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. Prevention of Systemic Risk Anoth
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verification and admission of claim
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The issue is still divided between
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the debtor to arrive at a consensua
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v. Remuneration Specialists are ent
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after his death, if the creditors
Page 35 and 36: The above court precedent has two f
Page 37 and 38: 2. Voluntary Acceptance Small merch
Page 39 and 40: ii. Passive Estate Since a branch i
Page 41 and 42: For a debtor to be considered a hol
Page 43 and 44: ■■ Shutting down the enterprise
Page 45 and 46: ■■ The facts that motivate the
Page 47 and 48: filing such proofs of claim and ind
Page 49 and 50: 29 P. 161. i. Conservative Measures
Page 51 and 52: i. Disposition of Assets During con
Page 53 and 54: ■■ ■■ Granting of collatera
Page 55 and 56: All assets acquired by the concubin
Page 57 and 58: ■■ ■■ ■■ ■■ ■■
Page 59 and 60: ■■ ■■ Claims for an uncerta
Page 61 and 62: chattel 35 ) unless its price is pa
Page 63 and 64: c. Extensions of Credit An extensio
Page 65 and 66: the negotiable instruments and the
Page 67 and 68: epayment or abandonment shall apply
Page 69 and 70: ■ ■ Swaps: transactions in whic
Page 71 and 72: If the subject matter of the constr
Page 73 and 74: Netting of obligations in light of
Page 75 and 76: they function generally determine f
Page 77 and 78: . The Reorganization Plan The purpo
Page 79 and 80: extend to guarantors or co-obligors
Page 81 and 82: the reorganization plan); (3) all s
Page 83 and 84: If a debtor does not successfully c
Page 85: ii. Timing Removal takes effect leg
Page 89 and 90: ■■ ■■ ■■ ■■ ■■
Page 91 and 92: predictability in commercial relati
Page 93 and 94: The receiver may oppose the foreclo
Page 95 and 96: ■■ A foreign proceeding is a co
Page 97 and 98: Conditioning the application of cro
Page 99 and 100: f. Enabling and Access The rules of
Page 101 and 102: 30, 31, 32, 33, 34, 35, 36, 37, 38,
Page 103 and 104: ii. Once Recognition Is Granted Onc
Page 105 and 106: concerning the coordination of proc
Page 107 and 108: 20. Non-bank Financial Sector Firms
Page 109 and 110: ■■ ■■ If, however, somethin
Page 111 and 112: Capitalization is an important indi
Page 113 and 114: A bank would be declared en concurs
Page 115 and 116: Bank restructuring through support
Page 117 and 118: 30. Purchase-and-Assumption A bank
Page 119 and 120: causes for dissolution has occurred
Page 121 and 122: [LCM 75]. The determination as to w
Page 123 and 124: 33. Securities Market 84 Holders of
Page 125 and 126: A reorganization plan would be enfo
Page 127 and 128: ■■ ■■ All kinds of animals
Page 129 and 130: Galindo (1957). GALINDO GARFIAS, Ig
Page 132: whitecase.com In this publication,
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Mexican Legal Framework of Business Insolvency - White & Case

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