Simple Executive Lawsuit for Debt Collection

Case File No. 31638-12 centers on the long-running enforcement proceeding brought by BDT Investments Inc. against Lisa, S.A., ultimately resolved through an extrajudicial settlement approved by the Twelfth Civil Court in Order No. 898 (April 12, 2022). The case’s defining issue became the fate of approximately $19 million in funds and corporate rights belonging to Lisa, S.A. but long controlled—or withheld—by Villamorey, S.A., including shares and sums deposited through GTC Bank. These assets had been subject to a broad precautionary attachment imposed in 2012 (Order No. 1838-2012), which remained in effect for over a decade. When the parties reached a binding settlement, the Court lifted the attachment, and that decision was affirmed on appeal by the Fourth Superior Tribunal on September 30, 2024, rendering the settlement final, enforceable, and free of any remaining judicial restrictions.

The case record shows that Villamorey, S.A. and its general agent, Juan Luis Bosch Gutiérrez, controlled both Lisa’s dividends and the multimillion-dollar deposits at GTC Bank for years, despite the funds belonging to Lisa and later being assigned to BDT as part of the settlement. Even after the attachment was lifted, Villamorey did not voluntarily release the funds or provide the required accounting. This obstruction forced BDT to file multiple motions between January and May 2025, requesting: (i) direct judicial orders to GTC Bank for release of the $19 million; (ii) international letters rogatory demanding detailed financial disclosures from Villamorey and GTC Bank in Guatemala; and (iii) confirmation from all relevant courts that no embargo or legal impediment remained. These filings emphasize that the prolonged withholding of funds—well after the settlement was final—jeopardized BDT’s ability to exercise its rights and operate commercially.

The judicial proceeding is entirely concluded. Order No. 898-2022, affirmed on appeal in 2024, remains the operative directive:

• the 2012 attachment is formally lifted;
• the funds and rights previously restrained now belong to BDT without limitation; and
• the parties’ extrajudicial settlement has full legal effect.

What remains unresolved are compliance failures by Villamorey and Bosch, including their refusal to release the funds, their failure to render an accounting, and their obstruction of BDT’s right to recover assets that were never lawfully theirs to withhold.