Best Bankruptcy Lawyers in Mexicali

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De Hoyos Aviles

De Hoyos Aviles

Mexicali, Mexico

Founded in 1964
50 people in their team
English
De Hoyos y Aviles is a Mexican Law Firm founded in 1964. Its partners have an overall experience of at least twenty years working on real estate and commercial transactions, M&A, and/or complex litigation cases. The firm's partners have an international profile; part of their daily practice is...
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About Bankruptcy Law in Mexicali, Mexico:

Bankruptcy law in Mexicali, Mexico, is overseen by federal legislation known as "Ley de Concursos Mercantiles." This law is focused on resolving insolvency scenarios for individuals and companies, providing them with mechanisms to restructure their debts or, in the last instance, liquidate their assets to pay their creditors.

Why You May Need a Lawyer:

Handling a bankruptcy situation requires an understanding of complicated laws and regulations. A lawyer can navigate these intricacies on your behalf, ensuring your obligations are addressed correctly, and your rights are upheld. If you're facing threats of legal action by creditors, an attorney can provide advice and representation. Moreover, if you wish to restructure your debts, a lawyer can successfully negotiate with creditors on your behalf.

Local Laws Overview:

Bankruptcy laws in Mexico are designed to resolve monetary disputes by promoting the survival of the debtor’s company, and if not possible, to smoothly liquidate their assets. Debtor's remedies and creditor's rights are acknowledged, and typically, a government-appointed mediator assists in overseeing the process. The law mandates corporations to file for bankruptcy within 30 days of becoming insolvent. Failure to do so could result in fines or even imprisonment for the company's directors.

Frequently Asked Questions:

1. When should I file for bankruptcy?

You should consider filing for bankruptcy when your debts become unmanageable, and you're unable to fulfil your financial obligations. A bankruptcy attorney can help determine if this is the best course of action for you.

2. How will bankruptcy affect my future credit?

Your bankruptcy will be on your credit report for several years and can lower your credit score. However, as time passes and with responsible financial management, your credit score can recover.

3. Can some debts be excluded from bankruptcy?

Yes, certain types of debt, like child support payments, taxes, and student loans, aren't typically discharged through bankruptcy.

4. Can I keep my assets if I file for bankruptcy?

The answer depends on your specific case. Certain assets may be exempt from liquidation, but this varies between cases and jurisdictions. It's crucial to consult with a bankruptcy attorney to understand what assets you may retain.

5. How long does the bankruptcy process take?

The duration of the bankruptcy process depends on the complexity of the case. Simple personal bankruptcies can be finalized in a few months, but more complicated cases or corporate bankruptcies can take years to resolve.

Additional Resources:

For more information and resources related to bankruptcy law in Mexico, consider reviewing the official publication of the 'Ley de Concursos Mercantiles'. You can also check the Mexican Federal Judiciary Council's website for legal references and resources including ‘Instituto Federal de Especialistas de Concursos Mercantiles’ (IFECOM).

Next Steps:

If you're considering bankruptcy as a potential solution to your financial challenges, it's crucial to get legal advice. Seek out an experienced attorney who specializes in Mexican bankruptcy law. They can guide you through the process, ensure you know your rights, and help you make an informed decision about your financial situation.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.