A 360 Approach to Restructuring And Workouts In Mexico
About this webinar
During this webinar, Chambers Deputy Editor Jonathan Block was joined by Gonzalez Calvillo Partners to discuss:
- Mexico’s current economic situation at a glance. Impact of federal government policies on the business environment. COVID-19 contingency repercussions. Temporary measures issued by the Mexican banking and securities regulator. Recent insolvency cases of Mexican companies.
- Key issues to consider when the Company is in financial difficulties. Directors and managers’ duties and potential liabilities. Transactions that may be challenged. Actions taken or threatened by creditors and other stakeholders. Approaching negotiations with significant creditors. Forum selection for cross-border insolvency proceedings.
- Restructuring options. Out-of-court restructuring. Pre-packaged restructuring. Reorganisation.
- Overview of the Mexican insolvency proceedings (concurso mercantil). Substantive tests. Who may initiate insolvency proceedings? Supervision and control. Conciliation stage and reorganisation plan. Liquidation stage (quiebra). Ranking of claims.
Edgar A. Grajeda, Partner, Gonzalez Calvillo
Edgar is partner at the firm since 2004 and is member of its Executive Committee. He is a leading practitioner in civil, commercial, and administrative litigation, representing clients before State and Federal courts, arbitration panels and all kinds of governmental authorities. His thorough knowledge, strategic perspective, and pragmatic approach at addressing complex matters, allow him to successfully assess legal contingencies and outline the best course of action on a case by case basis. His practice is focused on complex business litigation and has ample experience in bankruptcy, restructuring, insolvency, prosecution and defense of fraudulent conveyance actions, fiduciary litigation, and many other types of contested actions. Also, he is knowledgeable in comparative law, international judicial process cooperation, and enforcement of foreign judgments and arbitration awards before judicial authorities in Mexico. His practice includes representing clients in civil, commercial, and administrative procedures before all kinds of governmental authorities and entities, as well as constitutional remedies (amparo). He is member of the Barra Mexicana, Colegio de Abogados (Mexican Bar Association). Edgar obtained his law degree (J.D. equivalent) from the Universidad de Monterrey and has postgraduate studies in Amparo Proceeding Law and Commercial Law from the Universidad Panamericana and the Instituto Tecnológico Autónomo de México (ITAM), respectively.
José Victor, Torres Partner, Gonzalez Calvillo
José Victor is partner of the firm since 2000 and the founder of the finance and banking practice group, currently consisting of more than forty lawyers. In 2020, he was elected member of the firm’s Executive Committee. He is a seasoned financial lawyer with ample experience advising clients in all aspects of financing and restructuring, delivering commercial solutions to clients, through corporate workouts. His work includes acting as lead counsel in complex domestic and cross-border transactions, financings, securities, M&A, syndicated loans, and leasing, as well as in public offerings and take-private tender offers in local and foreign capital markets. He has also been selected as member of the board of directors of several companies. Over the years, he has represented companies from both highly regulated and non-regulated sectors, including private equity firms, investment funds and companies in the telecommunication and real estate industry in some of the most notable local M&A transactions in recent years. He is member of the Ilustre y Nacional Colegio de Abogados (legal professional association) and the Instituto Mexicano de la Mediación (Mexican Mediation Institute), of which he is member and Secretary. José Víctor worked as international associate at the New York Office of Dewey Ballantine, LLP. He holds a Master of Laws (LL.M.) from the University of Texas, Austin, Texas, and obtained his law degree (J.D. equivalent) from the Universidad Iberoamericana, Mexico City, Mexico.
Jaime Cortés, Partner, Gonzalez Calvillo
Jaime is a transactional finance lawyer with expertise in capital markets, structured finance, M&A, private equity, restructurings, general corporate and commercial matters. In 2020, he was elected member of the firm’s Talent Committee. Throughout his career, he has been selected as counsel in numerous domestic and international offerings of equity and debt securities and has also been involved in the securitization of a variety of financial assets. As well as, in complex cross-border and international transactions, advising buyers, sellers, agents, and private equity investors in mergers and acquisitions of public and private companies, and joint ventures over the past fifteen years. His practice in the instrumentation of corporate debt restructurings and pre-packs, includes advising Urbi Desarrollos in its US$2.8 billion debt restructuring through pre-packaged insolvency proceeding and further capital injection of Pesos $887 million for its restart of operations. This transaction was shortlisted Restructuring Deal for the 2017 Americas Awards by IFLR. Also, his experience includes working as international associate at Davis Polk & Wardwell and Brown & Wood (currently Sidley Austin) in New York, United States. He is member of the Barra Mexicana, Colegio de Abogados (Mexican Bar Association) and the Instituto Mexicano de la Mediación (Mexican Mediation Institute). Jaime holds a Master of Laws (LL.M.) from Columbia Law School, New York, United States and obtained his law degree (J.D. equivalent) from the Universidad Nacional Autónoma de Mexico (UNAM), Mexico City, Mexico.
Jonathan Block, Deputy Editor, Chambers and Partners
onathan joined Chambers in 2015 as a Researcher on the Latin America team before being promoted to Senior Researcher, Assistant Editor and finally Deputy Editor in charge of Mexico, Central America and Latin America-wide. He has previously completed work experiences in the legal and real estate sectors. Jonathan graduated in Politics from the University of Nottingham and has completed postgraduate studies in Law. He is fluent in Spanish and speaks conversational French and Hebrew.