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ARTICLE · 20 JULY 2020

Distressed M&A Transactions In Mexico

Mayer Brown
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This article analyzes the complex and emerging Mexican regulation governing the acquisition of distressed businesses.

MexicoInsolvency/Bankruptcy/Re-Structuring
Javier Garibay
Javier Garibay
Maria A. Alevras-Chen
Maria A. Alevras-Chen
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This article analyzes the complex and emerging Mexican regulation governing the acquisition of distressed businesses. In some sections, it engages in a comparative analysis with Spanish bankruptcy law for purposes of analyzing the challenges that the acquirer would face, before or during the different stages of the bankruptcy process under Mexican law.

Article One of the Mexican Bankruptcy Law (Ley de Concursos Mercantiles, "Bankruptcy Law") cites the tension between the public interest in preserving bankrupt companies and the public interest in protecting the creditors of companies in general default of their payment obligations. Given the significant social and economic burdens associated with these conflicting interests, distressed mergers and acquisitions ("M&A") transactions may offer creative solutions that traditional debt restructuring is unable to deliver. Specifically, distressed M&A transactions may present an efficient solution that is attractive to both

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