On December 9, 2024, the First Chamber of the Supreme Court of Justice of the Nation (the “SCJN”) declared the unconstitutionality of article 338 of the Commercial Insolvency Law (the “Insolvency Law”), considering that this legal provision violates the principle of legal certainty by not properly defining the deadlines or timeframes within which the Board of Directors of the Federal Institute of Commercial Insolvency Specialists (the “IFECOM”) must issue a resolution in the sanctioning procedures against commercial bankruptcy specialists (examiner, conciliators, and trustees).
Article 338 of the Insolvency Law states that the IFECOM Board of Directors will resolve, after hearing the interested party, on the warning, temporary suspension, or cancellation of the registration of the examiners, conciliators, and trustees, it also indicates that no appeal will be allowed against such a resolution.
The SCJN’s ruling was notified to the Congress of the Union, which is the authority responsible for issuing the rule declared unconstitutional, so that, within 90 days, it may amend or repeal the legal provision. If the Congress of the Union fails to do so within the specified period, the SCJN will issue a general declaration of unconstitutionality.
If you have any questions regarding the contents of this Alert, please contact:
Zulima González
Víctor Rojas
