On March 4, 2022, General Agreement 4/2022 was published in the Official Gazette of the Federation, through which the Plenary of the Federal Judiciary Council ordered the creation of the First and Second District Courts specializing in Commercial Bankruptcy matters (the “Bankruptcy Courts”).
Seat and Jurisdiction The Bankruptcy Courts will begin operations on March 7, 2022. They will have their seat in Mexico City (at Avenida Revolución number 366, colonia San Pedro de los Pinos, Benito Juárez borough, in Mexico City) and jurisdiction throughout the Republic. The Bankruptcy Courts will have competence to hear all bankruptcy proceedings and the indirect amparo proceedings related to this matter. Second Instance The Bankruptcy Courts will have as their second-instance bodies the Circuit Courts specializing in Civil, Administrative, and Economic Competition, Broadcasting, and Telecommunications matters of the First Circuit, with their seat in Mexico City, which will be competent to hear the appeals arising from the bankruptcy proceedings. Operation The Bankruptcy Courts will have their own common correspondence office in Mexico City. As of March 7, 2022, all new bankruptcy matters must be filed before this correspondence office so that it may distribute the matters among the Bankruptcy Courts. In order for the Bankruptcy Courts to have matters as of the commencement of their operations, during the period from February 28, 2022 to March 4, 2022, the Mixed, Semi-specialized, and Civil or Commercial Specialized District Courts throughout the country submitted a list with multiple bankruptcy matters to the General Directorate of Judicial Management of the Federal Judiciary Council, so that this Directorate may reassign these matters to the Bankruptcy Courts. It should be noted that the Mixed, Semi-specialized, and Civil or Commercial Specialized District Courts only submitted the bankruptcy proceedings and indirect amparo proceedings derived therefrom that had been filed as of November 16, 2020 and that have not yet concluded; all other bankruptcy matters will continue to be processed before the Court in which they were initiated. You will find the link to the website of the Official Gazette of the Federation by clicking here. For any additional information, please contact our experts: Diego Sierra, Partner: +52 (55) 5258 1039 | dsierra@vwys.com.mx Jessika Rocha, Partner: +52 (55) 5258 1077 | jrocha@vwys.com.mx
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