Caso Avícola Villalobos
  • Guatemala
  • Panama
  • Records

Case File

Exp. 31638-12

Simple Executive Lawsuit for Debt Collection

Country
Panama
Group
BDT Rights & Share Registration
Plaintiff
  • BDT Investments Inc.
Defendant
  • Lisa, S.A.

Documents

  1. Order 1838-2012Dec 12 2012
  2. Order 898-2022Apr 12 2022
  3. Edict 249-24Oct 1 2024
  4. Official Notice 28Jan 3 2025
  5. Official Notice 30Jan 3 2025
  6. Official Notice 29Jan 3 2025
  7. MotionFeb 3 2025
  8. MotionFeb 26 2025
  9. MotionMay 28 2025
  10. MotionMay 28 2025
Exp. 31638-12
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Motion

Issued on

May 28 2025

Issued by

BDT Investments Inc.

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This motion forms one half of a two-pronged evidentiary strategy pursued the same day before the Twelfth Civil Court of the First Judicial Circuit of Panama: it targets GTC Bank, while a companion <doc id="pty-31638-12-2025-05-28-b" /> requires Villamorey, S.A. to render a direct accounting. Both invoke international judicial cooperation to obtain the financial information on Villamorey's $19,000,000.00 deposit that prior efforts failed to secure.

Information Requested

BDT asks GTC Bank to report the current status of the accounts, the total deposit amount, the opening date, and the general terms of the corresponding financial instruments. The bank is further required to disclose whether the funds have been withdrawn, transferred, or frozen, identifying the beneficiaries, amounts, and modalities of each transaction. The request includes certified copies of the complete bank file and consolidated records of all transactions.

Legal Basis

  • Article 2(b) of the Inter-American Convention on Letters Rogatory — authorizes the collection of evidence and reports abroad between States Parties. The request qualifies as an informational requirement of a banking and documentary nature directed at an entity domiciled in Guatemala, within the framework of a Panamanian civil proceeding.

Procedural Context

The motion references the April 12, 2022 <doc id="pty-31638-12-2022-04-12-a" />, through which the Twelfth Civil Court lifted the attachment decreed by the December 12, 2012 <doc id="pty-31638-12-2012-12-12-a" /> over the funds that Villamorey was required to deliver to Lisa at GTC Bank, assigned to BDT under the judicially approved settlement. Despite the lifting of the attachment and its appellate confirmation, BDT has been unable to access the funds. The February 2025 <doc id="pty-31638-12-2025-02-26-a" /> requested a direct order to the bank for release of the funds, but with no result forthcoming, this new filing invokes international judicial cooperation to obtain, at minimum, the banking information necessary to determine the actual status of the $19,000,000.00.

Signatories

  • Lcdo. Carlos De Icaza, Counsel for BDT Investments Inc.