Rosa M. Rojas-Vertiz

Attorney, Professor & Researcher with expertise in restructuring, financing, security interests, insolvency proceedings and cross-border insolvency

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About me

I have a full perspective of insolvency and secured transactions, as I have dealt with both from a private firm as a transactional lawyer, from the Supreme Court of Justice of Mexico (2008-2015), and from the academia.

I am currently part-time professor at ITAM University in Mexico City, and provide advice and consulting services on insolvency, cross-border insolvency, financing and security interests.

My experience

Do you or your client want to recover debt in Mexico?

Please be advised that Mexican law provides different alternatives for debt recovery. These alternatives may go from an out-of-court mediation or work out proceeding to legal actions, including formal bankruptcy proceedings. If you would like to learn more about debt recovery in Mexico download the following mini-guide with 7 useful tips.

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MINI-GUIDE WITH 7 TOP TIPS FOR DEBT RECOVERY IN MEXICO

1) Mexican law provides different legal measures outside of bankruptcy to collect a debt. Preliminary relief may be requested immediately before a complaint is filed.
 
2) In-court proceedings in Mexico are cumbersome. Mediation is less expensive and may be more efficient than a trial before a Mexican court. Likewise, informal workouts with an experienced professional are much more recommended, but the mediator must be persuasive as no stay is regulated for informal workouts.  
 
3) In Mexico there is no automatic stay upon the filing of a bankruptcy case. Generally, the judge orders the stay in the judgment that declares the debtor insolvent. However, interim measures may be granted since the complaint is admitted.

Services

Asesoría en la prevención y solución de conflictos de naturaleza económica que involucren problemas de sobre-endeudamiento, créditos, garantías e inversiones.

Research projects on insolvency and restructuring, financing, financial inclusion, administration of justice and private law in general.

Basic courses on finance and property rights

General Aspects of Mexican Private Law

Syllabus

Civil law vs Commercial law
Structure of federal and local courts
Mediation
Due process, legal proceedings and enforcement
The amparo suit

Property Law

  • Formal requirements for real estate transactions.
  • The real estate public registry.

Company Law

  • Commercial companies and corporations
  • Formal requirements
  • Foreign investments

Security interests
The Trust Agreement
Promissory Notes
Certificates of Deposit in regulated warehouses

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Cross-border insolvency

Syllabus

General Background
Modified Universalism

The UNCITRAL Model Law on Cross-Border Insolvency

  • Objectives
  • Key features

 

The UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments

  • Objectives
  • Refusal for recognition or enforcement

 

The UNCITRAL Model Law on Enterprise Group Insolvency

  • Objectives
  • New concepts and undertakings

 

The course has case studies and case law

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Mexican Insolvency Law

Syllabus

I. Introduction to the Concurso Mercantil Proceeding

  • Purpose and policy objectives of the insolvency regime
  • Overview of procedural stages: pre-filing, conciliation, reorganization, liquidation

II. Key Institutions and Authorities

  • The role of the insolvency judge
  • IFECOM: structure and role
  • Court-appointed professionals and IFECOM-registered specialists

III. Parties in the Insolvency Process

– The debtor: duties and protections

– Creditors and classification:

  • Secured creditors
  • Labor creditors (employees)
  • Tax authorities
  • Creditors with statutory privileges
  • Unsecured creditors
  • Subordinated creditors

IV. Substantive Insolvency Issues

  • Preliminary and interim relief
  • Admission, verification, and ranking of claims
  • Treatment of executory contracts
  • Avoidance actions and clawback provisions

V. Resolution Mechanisms

  • The reorganization plan: negotiation, approval, and implementation
  • Liquidation phase: asset realization and distribution

VI. Cross-Border Insolvency

  • Adoption of the MLCBI
  • Experience in the application of the MLCBI
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Affiliations

Barra Mexicana, Colegio de Abogados.

Coordinator of the International and Comparative Law Committee. 

International Insolvency Institute.

Member and Co-Chair of the LATAM Committee (2023-2025).

International Women’s Insolvency and Restructuring Confederation (IWIRC).

Iberoamerican Institute of Law and Finance.

Coordinator in Mexico.

American Bankruptcy Institute.

INSOL Internacional.

Member of the Latin American Advisory Council.

Mexican Academy of Private and Comparative International Law (AMEDIP).

Supernumerary member.

Mexican Academy of Private and Comparative International Law (AMEDIP).

Supernumerary member.

Blog

In this blog, I’ll share ideas, experiences, and events that I find meaningful—and that I hope will interest you too.

Contact Us

Do you have questions or need advice on matters relating to insolvency, finance, security interests or indebtedness? Send us a message.

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2024 Rosa M. Rojas Vértiz. All Rights Reserved.

Registration

Take this course (12 hours)

*They are needed mínimo 10 personas

Registration

Take this course (2-3 hours)

Payment of $500 pesos.
*A minimum of 10 people are needed

Registration

Take this course (2-3 hours)

Payment of $500 pesos.
*A minimum of 10 people are needed

Registration

Take this course (2-3 hours)

Payment of $500 pesos.
*A minimum of 10 people are needed