Uncertainty For Prepackaged Bankruptcies In Mexico

Law360 (February 23, 2011, 2:43 PM EST) -- In today's global financing markets, many Mexican companies have significant U.S. creditors at various levels of their capital structure. For those Mexican companies seeking to restructure their debt obligations through a prepackaged bankruptcy case, their home jurisdiction of Mexico may not offer the venue with the most predictability as to the outcome. In fact, if a Mexican company satisfies the eligibility requirements for filing a bankruptcy case in the U.S., a prepackaged Chapter 11 bankruptcy case in the U.S. may be a more secure option.

In the last decade, several Latin American countries significantly reformed their insolvency laws due to the...

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