Mexican Legal Framework of Business Insolvency - White & Case
Mexican Legal Framework of Business Insolvency - White & Case Mexican Legal Framework of Business Insolvency - White & Case
80 In connection with a natural person debtor, a claim arising from a non-gratuitous contract or from the payment of debts of the debtor held by his/her spouse or concubine shall not be recognized, as it is rebuttably presumed that the claim was assumed with, or the debt was paid from, assets of the debtor [LCM 126]. This principle is intimately related to the musiana presumption (cfr. 15.k). There is no similar provision in the Insolvency Law disallowing related-party claims of an entity debtor. The only case in which the author knows such a disallowance was enforced is a recent case 59 involving a debtor applying for a prepackaged concurso claiming to have secured more than the required 40 percent of creditor consent (cfr. 15.s). In that case, the judge dismissed the petition, arguing that claims held by the debtor’s subsidiaries should be disallowed. The debtor successfully appealed and reversed the dismissal. Those claims were disallowed only in the context of determining whether the debtor had access to a prepackaged concurso and not whether such claims are allowed or disallowed during the recognition process. ii. Recognition Process It is not mandatory for a creditor to submit a proof of claim for its claim to be recognized. However, any creditor that wishes to do so, may file a proof of claim with the conciliator (1) within 20 days (or 45 days, in the case of foreign creditors [LCM 291-I]) from the date of publication of the concurso judgment in the Federal Official Gazette; (2) within the term to object to the preliminary list of claims (see infra); and (3) within the term to appeal the judgment for allowance, categorization and ranking of credits (see infra) [LCM 122, 125]. Proofs of claim are to be made in the preprinted formats established by Ifecom, are to be filed with the conciliator and shall contain [LCM 125]: 59 The prepackaged concurso of Vitro.
■■ ■■ ■■ ■■ ■■ ■■ Creditor’s complete name and domicile. The amount of the claim against, and in favor of, the debtor. The guaranties, terms and conditions and other characteristics, such as the type of documentary evidence of the claim. The proposed ranking of the claim. Sufficient data to identify any administrative, labor, judicial or arbitral procedure in connection with the claim. Original or certified copies of the documentary evidence of the claim. The recognition process involves the elaboration of two successive lists: a preliminary list, and a definitive list, both prepared by the conciliator [LCM 121, 130]. The conciliator will prepare the preliminary list of claims based on the debtor’s accounting, the visitor’s report, the proofs of claim filed by creditors and other information made available to the conciliator [LCM 121]. The preliminary list of claims must contain: ■■ ■■ ■■ ■■ ■■ A list of all tax and labor claims [LCM 124]. The complete name and domicile of each creditor [LCM 128-I]. The amount of each claim [LCM 128-II]. The guaranties, terms and conditions and other characteristics, such as the type of documentary evidence of each claim [LCM 128-III]. The proposed ranking of each claim [LCM 128-IV]. White & Case 81
- Page 37 and 38: 2. Voluntary Acceptance Small merch
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- Page 43 and 44: ■■ Shutting down the enterprise
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- Page 49 and 50: 29 P. 161. i. Conservative Measures
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- Page 61 and 62: chattel 35 ) unless its price is pa
- Page 63 and 64: c. Extensions of Credit An extensio
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- Page 67 and 68: epayment or abandonment shall apply
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- 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
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- Page 85 and 86: ii. Timing Removal takes effect leg
- Page 87: Claims by creditors operate at two
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- Page 93 and 94: The receiver may oppose the foreclo
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- Page 107 and 108: 20. Non-bank Financial Sector Firms
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- 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
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- Page 129 and 130: Galindo (1957). GALINDO GARFIAS, Ig
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Creditor’s complete name and domicile.<br />
The amount <strong>of</strong> the claim against, and in favor <strong>of</strong>, the debtor.<br />
The guaranties, terms and conditions and other characteristics, such as the type<br />
<strong>of</strong> documentary evidence <strong>of</strong> the claim.<br />
The proposed ranking <strong>of</strong> the claim.<br />
Sufficient data to identify any administrative, labor, judicial or arbitral procedure in<br />
connection with the claim.<br />
Original or certified copies <strong>of</strong> the documentary evidence <strong>of</strong> the claim.<br />
The recognition process involves the elaboration <strong>of</strong> two successive lists:<br />
a preliminary list, and a definitive list, both prepared by the conciliator<br />
[LCM 121, 130].<br />
The conciliator will prepare the preliminary list <strong>of</strong> claims based on the debtor’s<br />
accounting, the visitor’s report, the pro<strong>of</strong>s <strong>of</strong> claim filed by creditors and other<br />
information made available to the conciliator [LCM 121].<br />
The preliminary list <strong>of</strong> claims must contain:<br />
■■<br />
■■<br />
■■<br />
■■<br />
■■<br />
A list <strong>of</strong> all tax and labor claims [LCM 124].<br />
The complete name and domicile <strong>of</strong> each creditor [LCM 128-I].<br />
The amount <strong>of</strong> each claim [LCM 128-II].<br />
The guaranties, terms and conditions and other characteristics, such as the type<br />
<strong>of</strong> documentary evidence <strong>of</strong> each claim [LCM 128-III].<br />
The proposed ranking <strong>of</strong> each claim [LCM 128-IV].<br />
<strong>White</strong> & <strong>Case</strong><br />
81
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