BDT requests that the Twelfth Civil Court issue a direct order to GTC Bank to release $19,184,680.00 in retained funds after Villamorey failed to comply with Official Notice No. 28.

Procedural Context

Order 898-2022 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, as recorded in Edict 249-24, rendering it final and enforceable. In compliance, the Court issued Official Notice 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 Motion to communicate the lifting of the attachment over Lisa, S.A.'s shares in Guatemala. The present motion, within Exp. 31638-12, is unilateral and focuses exclusively on the retained bank funds.

Basis for the Request

BDT argues that, while Official Notice 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, bypassing Villamorey.

"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 898-2022 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.