Insolvency and Bankruptcy
Insolvency and Restructuring
At Ortega & Grajeda, we advise creditors and debtors alike, along with other interested parties, in insolvency situations, financial restructurings, corporate distress, and high-complexity concurso mercantil proceedings — Mexico’s judicial insolvency and reorganization process.
Our practice combines litigation experience, deep knowledge of the Mexican insolvency regime, and a strategic view of the financial and commercial stakes in every matter. This lets us step in both on the restructuring and negotiation side and in court proceedings where the priority is protecting assets, preserving rights, or maximizing recovery on claims.
We represent both debtors and creditors, domestic and foreign, which gives us a full picture of the competing interests at play in any insolvency situation and lets us anticipate how the other parties involved are likely to position themselves.
Strategy for Insolvency Situations
An insolvency situation calls for decisions well before any court proceeding begins.
We advise clients from the earliest signs of financial distress, working through scenarios, risks, and alternatives to define the right path forward, whether that means private negotiations, liability restructurings, refinancings, corporate reorganizations, or, where necessary, a formal concurso mercantil proceeding.
Our goal is to identify, in time, the options that preserve value, protect assets, and keep the client’s strategic choices open.
Concurso Mercantil Proceedings
We represent clients through every stage of a concurso mercantil proceeding, from the filing or petition, through the examination stage, the conciliation process and, where applicable, the adjudication and conduct of liquidation (quiebra).
Our experience includes working with federal judges, the Federal Institute of Insolvency Specialists (IFECOM), court-appointed examiners, conciliators, and trustees, as well as handling the incidental proceedings, appeals, and amparo actions that arise within an insolvency case.
Our litigation background lets us approach the procedural side of an insolvency with a particularly strategic eye, especially where there are disputes over assets, security interests, priority of claims, claim recognition, or transactions entered into before the proceeding began.
Interim Relief and Court Proceedings
An effective arbitration strategy does not necessarily begin or end before the arbitral tribunal.
We bring extensive experience in court proceedings tied to arbitration, including obtaining and defending interim relief, jurisdictional challenges to the arbitration, and proceedings to annul awards before Mexican courts.
The combination of our arbitration, litigation, and amparo practices allows us to design a coordinated strategy between the arbitral proceeding and any actions that need to be brought before local and federal courts.
Representing Creditors and Recovering Claims
We advise financial institutions, companies, and other domestic and foreign creditors on protecting and recovering their claims against debtors in insolvency.
Our work includes analyzing collateral and credit structures; filing, recognizing, and ranking claims; defending priority rights; challenging adverse rulings; negotiating concurso agreements; and evaluating recovery options both inside and outside the proceeding.
From the outset of every matter, we look to determine not only whether a claim exists, but what the most efficient strategy is for collecting on it.
Restructuring and Negotiation
Where circumstances allow, we work with clients to design and negotiate solutions aimed at avoiding needless destruction of value.
We take part in liability restructurings, refinancings, reorganizations, and negotiations among debtors, creditors, and investors, working toward structures that preserve viable businesses and set realistic terms for meeting obligations.
In these processes, our litigation experience is a real advantage: we negotiate with a clear understanding of the actual consequences and alternatives if no deal is reached.
Distressed Asset Acquisitions and Special Situations
We also advise on transactions involving companies or assets subject to restructuring, insolvency, or liquidation.
Combining legal analysis, insolvency know-how, and litigation experience lets us identify the risks tied to acquiring assets, receivables, collateral, and other legal positions in special situations.
Cross-Border Insolvencies
In proceedings involving creditors, assets, or filings across multiple jurisdictions, we coordinate strategy with foreign counsel and advisors to protect our clients’ interests in Mexico on a consistent basis.
We have experience advising international companies that need to recognize, protect, or recover claims within Mexican insolvency proceedings, as well as assessing how those proceedings can affect cross-border contractual relationships and structures.
Our
Approach
In an insolvency situation, timing and strategy can matter as much as the law itself.
Our approach combines legal analysis, financial literacy, and litigation experience to size up the available scenarios quickly and set a strategy aimed at preserving value, protecting rights, and maximizing recovery.
Having our partners directly involved lets us stand alongside the client through decisions that often have to be made under pressure and can carry significant financial, operational, and reputational consequences.
This isn’t just about managing an insolvency. It’s about identifying, protecting, and recovering value in high-complexity situations.
Is your company facing a critical financial situation?
Our Insolvency and Bankruptcy team can assess your company’s situation—or that of your debtors—and propose a legal and financial strategy to help anticipate conflicts and protect your interests.
