A TREATISE FOR LEGAL PRACTITIONERS
AND
INTERNATIONAL INVESTORS
   
   
 
Volume 1
Chapter 14 Summary
   

This chapter presents a discussion on the bankruptcy laws of Mexico. Accordingly, while acknowledging the role of the bankruptcy laws of the 31 states as well as the Federal District, the focus of this chapter is on the Mexican Bankruptcy Code (Ley de Quiebras y Suspension de Pagos- LQSP). The Mexican Bankruptcy code is a federal law enacted in 1943 to apply to the reorganization or liquidation of all person engaged in commerce, with a few specific exceptions. The LQSP is derived from Article 23 of the Mexican Constitution which grants to the national Congress the power to legislate in matters of "commerce."

The three major areas of bankruptcy are addressed in this chapter. Court Structure, is important as Mexico does not have specialized bankruptcy courts or judges, except in the Federal District. Thus, as a matter of practice, corporation intending to commence a bankruptcy frequently change domicile to take advantage of the Federal District jurisdiction. Liquidation is one of the more common forms of bankruptcy and is discussed at length. A liquidation case can be commenced voluntarily or involuntary. Reorganization (Suspension de Pagos) is the third area discussed within the chapter, and can only be commenced voluntarily by the debtor.

Notable activities which will be discussed in this chapter, include: avoiding powers, classification of claims and creditors, plans for payment, separation of assets, and types of bankruptcies and rehabilitation. Discussion is also reserved for fundamental issues such as concurrent or exclusive jurisdiction over respective bankruptcy proceedings, the role a trustee or debtor in possession plays in a proceeding, and the effects of such a proceeding, including liquidation.

   
 

Author & General Coordinator:
JORGE A. VARGAS
Professor of Law,
University of San Diego School of Law
Published by ©West Group (1998)
To purchase this book 
please click on icon below:



   
 
 
 
   
 
 
   
Home  
About the Author  
 
   
 
Book Description  
Book Reviews  
Buy this book  
The Seven Appendices  
Synopsis 1 thru 20  
Synopsis 21 thru 40  
Recent Developments  
Volume 1 Table of Contents  
Volume 2 Table of Contents  
Volume 3 Table of Contents  
Volume 3 Preface  
Volume 3 Introduction  
Volume 4 Table of Contents  
Volume 4 Introduction  
     
 
Dictionary Description  
Who Should Buy the Dictionary  
Examples of Legal Terms  
Buy this Dictionary  
   
 
1. Introduction  
1.1 Overview of Mexico's Legal System  
1.2 Mexican Law Information in Spanish  
1.3 Mexican Law Information in English  
     
2. Legislative Enactments  
2.1 No Mexican Federal Statutes in English  
2.2 Mexican Federal Statutes in Spanish  
2.3 Mexico's Major Codes in Spanish  
a. Federal Civil Code  
b. Code of Commerce  
c. Code of Civil Procedure  
d. Federal Code of Criminal Procedure  
e. Federal Criminal Code  
f.  Fiscal Code of the Federation  
2.4 Mexico's Diario Oficial de la Federación  
2.5 The Federal Constitution of 1917  
a. Mexico: A Federal Republic  
b. The Executive Power  
c. The Legislative Power  
d. The Judicial Power  
     
3. International Treaties and Conventions  
3.1 Secretariat of Foreign Affairs (SRE)  
3.2 List of International Treaties and Conventions on conflict of laws,
business and environmental questions to which Mexico is a party
 
3.3 International Judicial Cooperation  
     
4. Mexico's Federal Government  
     
5. State Governments  
5.1 Specific State legislation (i.e, State Constitution, codes, laws, etc.)  
     
6. Legal Background and History of Mexico  
     
APPENDIX I Mexico's Federal Legislation  
APPENDIX II Mexico's 18 Secretariats of State Web Sites  
APPENDIX III Web Sites of Mexico's 31 States  
APPENDIX IV Compendium of the Best Mexican Law Web Sites (5 in English and 6 in Spanish)