Court Denies Request for Reconsideration of Vitro Case

A judge for the Fifth Circuit Court of Appeals in New Orleans has denied Vitro’s recent motion for “en banc” consideration of the court’s decision affirming an original ruling denying Vitro SAB’s use of a Mexican bankruptcy restructuring plan in the U.S.

En banc consideration would have provided for a review of the case by a panel of judges.

The decision to deny the motion was entered December 28 by U.S. circuit judge Carolyn Dineen King.

“No member of the panel nor judge in regular active service of the court [has] requested that the court be polled on rehearing En Banc,” writes King in her denial.

In addition, Vitro had motioned for reconsideration of an order by the court that vacated the temporary restraining order entered by the U.S. Bankruptcy Court for the Northern District of Texas, where Vitro’s case has been under review. The court has denied that motion as well.

The court also has issued a revised public opinion “affirming in all respects the judgment of the district court affirming the order of the bankruptcy court in No. 12-10542, and [affirming] the order of the bankruptcy court in Nos. 12-10689 and 12-10750.”

“The temporary restraining order originally entered by the bankruptcy court, the expiration of which was stayed by this court, is vacated, effective December 14, 2012,” writes the court.

Vitro officials had argued that the case deserved reconsideration “because it has wide-reaching implications for international cooperation in insolvency proceedings and for the United States’ role as a leading commercial and legal center in the global marketplace.”

In response to the recent rulings, Vitro officials issued the following statement.

“We will vigorously pursue a petition for writ of certiorari to the U.S. Supreme Court so that the highest court in the United States can ultimately weigh in on Vitro’s petition for enforcement of its Mexican-approved restructuring plan,” says company spokesperson Roberto Riva Palacio. “Mexican restructuring law has been recognized and enforced in the U.S. without exception, and we believe it to be of the utmost importance, for the sake of all international bankruptcy processes, that the Mexican Concurso continue to be fully recognized by U.S. courts.”

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