Case Background

Altos Hornos de México, S.A.B. de C.V. (“AHMSA”) is subject to a suspension of payments proceeding (the “SP Proceeding”) before the First Civil Court of First Instance for the Judicial District of Monclova, Coahuila, United Mexican States (the "SP Court").  The SP Proceeding is being conducted pursuant to the law of Bankruptcy and Suspension of Payments (the "SP Law"), which was the law in effect when AHMSA filed for suspension of payments in May 1999.

On December 16, 2014, AHMSA filed its general payment agreement (the “Plan”) with the SP Court. The Creditors Meeting was held on April 18, 2016, at which the requisite majority of the Company’s creditors holding recognized claims voted to approve the Plan.  On May 16, 2016, the SP Court issued the Lifting Order, approving the Plan and “lifting” AHMSA’s suspension of payments.  The applicable appeals time period with respect to the Lifting Order in Mexico has expired without an appeal having been filed and without opposition of any of the creditors.  On August 3, 2016, the SP Court issued an order authorizing Francisco Javier Gaxiola Fernández, the “síndico” in AHMSA’s SP Proceeding, to act as the proposed Foreign Representative (the “Foreign Representative”) of a chapter 15 case to be commenced on behalf of AHMSA.

On August 16, 2016, the Foreign Representative filed a voluntary petition (the “Chapter 15 Case”) on behalf of AHMSA under chapter 15 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware (the “U.S. Bankruptcy Court”).  The Chapter 15 Case is pending before the Honorable Kevin Gross under Case No. 16-11890.

This website is for informational purposes only and is not a part of, and should not be relied upon in connection with, the SP Proceeding.  See the "Disclaimer" below.  For any media-related inquiries, please call (212) 521-4961.

Important Information & Dates

Hearing on First Day Motions

A hearing on AHMSA's First Day Motions was held on August 17, 2016 at 11:00 a.m. (ET) before the Honorable Kevin Gross, United States Bankruptcy Court for the District of Delaware, 824 North Market Street, 6th Floor, Courtroom #3, Wilmington, DE 19801. Please click below to view and download the Debtor's Chapter 15 Petition, First Day Motions and First Day Orders:

Chapter 15 Petition

First Day Motions

First Day Orders

Final Recognition Granted

The court has approved the Debtor's chapter 15 petition and the relief requested on a final basis. The relief granted includes recognizing the SP Proceeding as a foreign main proceeding under chapter 15 of the Bankruptcy Code and giving full force and effect to orders entered in the SP Proceeding.

Order Granting (I) Recognition of Foreign Main Proceeding (II)Enforcement of Lifting Order and (III) Certain Related Relief, Order Signed on 9/30/2016

 

Dates

August
16

Voluntary Petition

_____
September
30

Recognition Hearing

11:00 a.m. (ET)
August
16
_____

Parties

Counsel to the Foreign Representative

Young Conaway Stargatt & Taylor, LLP

Rodney Square
1000 North King Street
Wilmington, DE   19801
http://www.youngconaway.com/
Phone: 302.571.6600
Fax: 302.571.1253
Matthew B. Lunn, Esq.
Maris J. Kandestin, Esq.
Ian J. Bambrick, Esq.

U.S. Counsel to AHMSA

Willkie Farr & Gallagher LLP

787 Seventh Avenue
New York, NY   10019
http://www.willkie.com/
Phone: 212.728.8000
Maurice Lefkort, Esq.
Marc Abrams, Esq.
Ji Hun Kim, Esq.

Morris, Nichols, Arsht & Tunnell LLP

1201 North Market Street, 16th Floor
PO Box 1347
Wilmington, DE   19899-1347
http://www.mnat.com/
Phone: 302.658.9200
Fax: 302.658.3989
Robert J. Dehney, Esq.
Erin R. Fay, Esq.

Mexican Counsel to AHMSA

Guerra González y Asociados S.C.

Av. Prolongación Juárez s/n Primer Piso 25770
Monclova, Coahuila   Mexico
Jaime R. Guerra Gonzalez
Ricardo Silverbauer Carvallo

United States Trustee and Court Information

United States Bankruptcy Court

District of Delaware
824 Market Street North, 3rd Floor
Wilmington, DE   19801
http://www.deb.uscourts.gov
Phone: 302.252.2900

Office of the United States Trustee

844 King St
Suite 2207
Wilmington, DE   19801
http://www.justice.gov/ust/r03/wilmington/index.htm
Phone: 302.573.6491
Fax: 302.573.6497
David Buchbinder

Debtor

Case Number
Debtor Name
Petition Date
16-11890 Altos Hornos de Mexico, S.A.B. de C.V. (Ch. 15) August 16, 2016