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

Seeks letter rogatory requiring GTC Bank to disclose $19M deposit records

Issued on

May 28 2025

Issued by

BDT Investments Inc.

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This motion, filed on May 28, 2025 by BDT Investments Inc. before the Twelfth Civil Court of the First Judicial Circuit of Panama, requests the court to issue an international letter rogatory to Guatemalan judicial authorities requiring GTC Bank to provide detailed information on the accounts linked to Villamorey, S.A.'s $19,000,000.00 deposit. The filing is part of a two-pronged evidentiary strategy: this motion targets the bank, while a companion motion filed the same day requires Villamorey to render a direct accounting. Both seek, through international judicial cooperation, the financial information 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 The bank is further required to disclose whether the funds have been withdrawn, transferred, or frozen, identifying the beneficiaries, amounts, and modalities of each transaction.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 Order No. 898 of April 12, 2022, through which the Twelfth Civil Court lifted the attachment decreed by Order No. 1838 of December 12, 2012 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. A February 2025 motion 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.