Motion

This motion, filed on February 26, 2025 by attorney Carlos De Icaza on behalf of BDT Investment, Inc., requests that the Twelfth Civil Circuit Court of the First Judicial Circuit of Panama issue a direct order to GTC Bank, Inc. communicating the lifting of the attachment and directing the release of $19,184,680.00 held at that institution. The filing represents an escalation in BDT's enforcement strategy within Case File No. 31638-12, seeking to bypass Villamorey, S.A. and reach the custodian of the funds directly.

Procedural Context

Order No. 898 of April 12, 2022 approved the extrajudicial settlement between the parties and directed the lifting of the 2012 attachment. That ruling was affirmed on appeal by the Fourth Superior Tribunal on September 30, 2024, rendering it final and enforceable. In compliance, the Court issued Official Notice No. 28 of January 3, 2025, directed to Villamorey, ordering the return of funds deposited at GTC Bank. As of this filing, that order had not been complied with.

Just three weeks earlier, on February 3, 2025, both parties jointly filed a request for a letter rogatory to communicate the lifting of the attachment over Lisa, S.A.'s shares in Guatemala. The present motion, by contrast, is unilateral and focuses exclusively on the retained bank funds.

Basis for the Request

BDT argues that, while Official Notice No. 28 was properly issued, directing it to Villamorey proved ineffective in securing the release of funds. The motion contends that both Lisa, S.A. and BDT (by virtue of the assignment) have been deprived for years of legitimate possession and use of the sums deposited at GTC Bank. BDT characterizes the situation as jeopardizing its commercial operations and requests that the court instruct the bank directly.

"Se trata de una orden judicial, ejecutoriada, que lamentablemente no ha sido acatada hasta la fecha, lo que ha llevado a poner en riesgo el buen desarrollo y gestión de los actos de comercio de nuestra representada." (Page 1)

Relief Sought

• That the Court issue an order directly to GTC Bank, Inc. communicating the lifting of the attachment decreed in Order No. 898 of April 12, 2022
• That the bank be ordered to release to BDT Investment, Inc. $19,184,680.00 deposited at that institution

Signatories

• Carlos De Icaza, Esq., Counsel for BDT Investment, Inc.