- 19 January, 2024
THE CERTAINTY OF DEBT DECLARATION IN PREPARATORY MEASURES TO MERCANTILE EXECUTIVE JUDGMENT
The preparatory proceedings for commercial executive judgment are regulated in Article 1165 of the Commercial Code and can be used as a tool for those individuals who have a private document containing a liquid and certain term debt, to request from the judge that through its means, the debtor carries...
Exception of Lack of Sufficient Representation or Power to Sign Credit Instruments and Analysis of Acts Giving Rise to the Belief that a Third Party is Authorized to Sign Such Instruments on Their Behalf.
Articles 8 to 11 of the General Law of Negotiable Instruments and Credit Transactions establish a general rule and two exceptions regarding the possibility of a third party obligating another in a negotiable manner. These rules can be summarized as follows: a) As a general rule, the representation to subscribe to titles [...]
Positive Ruling in Mercantile Executive Litigation Regarding Promissory Note Signed by Legal Representative Without Authority
MF & Abogados developed a comprehensive strategy in favor of their client to ensure the collection of a promissory note that had been signed by a representative lacking express authority to do so. This strategy included positive actions inherent to the commercial relationship, such as the invoices and delivery notes that supported said promissory note. [...]
STRATEGIC LITIGATION FOR DEFENSE IN MERCANTILE EXECUTIVE LAWSUIT
The firm represented a renowned Mexican pharmaceutical company in a commercial executive trial, in which our client was sued for the payment of certain invoices arising from a preparatory proceeding. The legal strategy used by our lawyers was based on the fact that said preparatory document lacked an express determination by [...]
DEFENSE OF THE CO-AUTHOR OF A SCIENTIFIC ARTICLE INTELLECTUAL PROPERTY
An omission committed by their own co-authors was reported for omitting their authorship credit in another scientific article presented subsequent to the original one. MF & Abogados developed a comprehensive strategy, starting with a Copyright Infringement, to demonstrate the indirect and direct profit made from a research work presented [...]
RESOLUTION OF 16 COMMERCIAL COMPETITIONS OF THE HARD ROCK MEXICO GROUP IN 2 YEARS
In 2014, the firm successfully handled the filing and resolution of 16 bankruptcy stage commercial conciliation requests for the restaurants of the authorized franchisee of Grupo Hard Rock Mexico. The correct approach to the conciliations by Mr. Martínez addressed the 'sui generis' issue of debts due to liability consolidations [...]
SUCCESSFUL PROPOSAL OF A CONCORDAT AGREEMENT IN THE BANKRUPTCY STAGE REPRESENTING THE SPECIALIST
In 2020, the firm represented the conciliator appointed by IFECOM, Lic. José Alberto Bourget Parra, in the commercial conciliation of Prodinal I. This company faced the issue of a debt composed of credits from financial entities, financial leases of machinery, and suppliers, so the firm and the conciliator worked together throughout [...]
STRATEGIC LITIGATION IN DEFENSE OF A FINANCIAL INSTITUTION IN A LAWSUIT FILED FOR MORAL AND MATERIAL DAMAGES
The firm successfully represented a Credit Union that, at the time, had promissory notes signed to secure one of its loans. Utilizing this right, the Credit Union sued and embargoed the company that had subscribed to the promissory notes, in the commercial executive route. Subsequently, there was an assignment [...]
Is it viable or not to eliminate the visit in the commercial insolvency process in Mexico considering Chapter 11?
The U.S. Chapter 11 is one of the most effective and sought-after corporate insolvency procedures to achieve the aforementioned goal. It has been adapted to serve companies at risk to achieve a true debt restructuring. In Mexico, over the last few decades, it has become a relevant topic in the context [...]
The need for reform to the Commercial Insolvency Law for the benefit of SMEs is a crucial topic in the economic and legal spheres.
The Commercial Insolvency Law published in May of the year 2000 was undoubtedly an innovative regulation for its time. Following the previous Bankruptcy and Suspension of Payments Law, new figures and tools were created for companies facing insolvency problems, providing alternatives for restructuring their debts or alternatively [...]
- 19 January, 2024
- 19 January, 2024
- 19 January, 2024
- 19 January, 2024
