On March 4, 2022, the Plenary of the Federal Judiciary in Mexico published the General Decree 4/2022 in the Official Gazette of the Federation, through which it ordered the establishment of the First and Second District Courts on Bankruptcy matters (“Bankruptcy Courts”).
Residence and Jurisdiction
The Bankruptcy Courts will begin functioning on March 7, 2022. They will have their residence in Mexico City (at Avenida Revolución 366, colonia San Pedro de los Pinos, Benito Juárez, Mexico City) and jurisdiction throughout the Republic. The Bankruptcy Courts will have jurisdiction to hear all bankruptcy proceedings and indirect amparo claims related to this matter.
Second Instance
The Bankruptcy Courts will have as second instance bodies – appeal courts – the Unitary Courts in Civil, Administrative and Specialized matters in Antitrust, Broadcasting, and Telecommunications of the First Circuit, with residence in Mexico City, which will be competent to hear appeals arising from 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, and it will distribute them among the Bankruptcy Courts.
For the Bankruptcy Courts to have matters as soon as they begin functioning, in the period between February 28, 2022, and March 4, 2022, the Mixed, Semi-specialized, and Specialized District Courts in Civil or Commercial matters of the whole country sent a list with multiple bankruptcy matters to the General Office of Judicial Management of the Federal Judiciary. This Office will reassign these matters to the Bankruptcy Courts.
The Mixed, Semi-specialized, and Specialized District Courts in Civil or Commercial matters only sent ongoing cases initiated since November 16, 2020. Therefore, all other bankruptcy matters filed before such date will continue before the Mixed, Semi-specialized, and Specialized District Court in which they initiated.
You will find the link to the page 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