Bankruptcy Clawbacks of Preferential & Fraudulent Transfers in Mexico
Bankruptcy Clawbacks of Preferential & Fraudulent Transfers in Mexico Creditors can set aside fraudulent conveyances of their debtors by a revocatory action, also known as actio pauliana . This action is not the same if the debtor is bankrupt. There is the non-bankruptcy actio pauliana and the bankruptcy actio pauliana . Civil codes govern the former and the Bankruptcy Law covers the latter. Creditors under the non-bankruptcy actio pauliana have fewer rights and benefits than those under the bankruptcy actio pauliana . Only the creditors, creditor’s representatives, and insolvency officers are entitled to bring fraudulent conveyances actions – not the debtor or the debtor-in-possession. 1. Relation back period/retroactive date The bankruptcy adjudication ruling includes the retroactive date, which is the calendar day two h...