EE - UU. Reconoció Procedimiento Concursal de Telefónica Del Perú
EE - UU. Reconoció Procedimiento Concursal de Telefónica Del Perú
ENTERED
June 25, 2025
IN THE UNITED STATES BANKRUPTCY COURT
Nathan Ochsner, Clerk
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
)
In re )
) Case No. 25-90022 (ARP)
1
Integratel Perú S.A.A., )
)
Debtor in a Foreign Proceeding. ) Chapter 15
)
Upon the Petitioner’s Declaration and Verified Petition for Recognition of Peruvian
Proceeding and Motion for Related Relief Pursuant to 11 U.S.C. §§ 105, 1509, 1515, 1517, 1520
and 1521 [ECF No. 2] (the “Verified Petition”)2, Timothy O’Connor (the “Petitioner” or
the “Foreign Representative”), in his capacity as the duly-appointed foreign representative with
respect to the Peruvian Proceeding (as defined below) of the above-captioned debtor (the
“Chapter 15 Debtor”) requesting this Order (the “Order”) (a) granting the Verified Petition and
Proceeding”) commenced before the National Institute for the Defense of Competition and
Insolvency Law (Ley General del Sistema Concursal) (Law No. 27809) (the “Peruvian
Insolvency Law”), of the laws of the Republic of Peru (“Peru”) as the foreign main proceeding
1
The debtor in this chapter 15 case and the last four digits of the tax number in the jurisdiction in which it pays
taxes is Integratel Perú S.A.A. (7491 – Peru).
2
Capitalized terms used but not otherwise defined shall have the meanings ascribed to them in the Verified Petition.
for the Chapter 15 Debtor as defined in section 1502(4) of title 11 of the United States Code (the
“Bankruptcy Code”) pursuant to section 1517 the Bankruptcy Code; (b) recognizing the
Petitioner as the duly-appointed “foreign representative” of the Chapter 15 Debtor within the
meaning of section 101(24) of the Bankruptcy Code authorized to act on behalf of the Chapter 15
Debtor in the Chapter 15 Case; and (c) granting such other and further relief as the Court deems
just and proper; and this Court having reviewed (i) the Form of Petition, (ii) the Verified Petition,
along with the exhibits annexed thereto, (iii) the Declaration of Jose Antonio Jimenez Pursuant to
28 U.S.C. § 1746 in Support of the Petitioner’s Declaration and Verified Petition for Recognition
of Peruvian Proceeding and Motion for Related Relief Pursuant to 11 U.S.C. §§ 105, 1509, 1515,
1517, 1520 and 1521 [ECF No. 3] (the “Peruvian Counsel Declaration”); and (iv) the Statement
U.S.C. § 1518 [ECF No. 80] (the “Status Update”), and appropriate and timely notice of the filing
of the Petition, the Verified Petition and hearing on the Verified Petition (the “Hearing”) having
been given; and no objection having been filed or asserted as set forth on the record of the Hearing;
and no other or further notice being necessary or required; and this Court having determined that
the legal and factual bases set forth in the Verified Petition, the Peruvian Counsel Declaration, the
Status Update, and all other pleadings and papers in this Chapter 15 Case establish just cause to
grant the relief ordered herein; and after notice and a hearing and due deliberation thereon;
A. The findings and conclusions set forth herein constitute this Court’s findings of fact
and conclusions of law pursuant to Rule 7052 of the Federal Rules of Bankruptcy Procedure
(the “Bankruptcy Rules”), made applicable to this proceeding pursuant to Bankruptcy Rule 9014.
To the extent any of the following findings of fact constitute conclusions of law, they are adopted
2
Case 25-90022 Document 87 Filed in TXSB on 06/25/25 Page 3 of 5
as such. To the extent any of the following conclusions of law constitute findings of fact, they are
adopted as such.
B. This Court has jurisdiction to consider this matter pursuant to sections 157 and 1334
of title 28 of the United States Code, and the Order of Reference dated May 24, 2012, In re Order
of Reference to Bankruptcy Judges, General Order 2012-6 (S.D. Tex. May 24, 2012) (Hinojosa,
C.J.).
States Code.
D. Venue for this proceeding is proper before this Court pursuant to section 1410 of
E. The Petitioner is (i) the duly appointed “foreign representative,” within the meaning
of section 101(24) of the Bankruptcy Code, of the Peruvian Proceeding with respect to the Chapter
F. The Chapter 15 Case was properly commenced on February 25, 2025 pursuant to
G. The Petitioner has satisfied the requirements of section 1515 of the Bankruptcy
Code, Bankruptcy Rules 1007(a)(4), 2002(q) and 7007.1, and Rules 2002-4 and 9013-1(d) of the
Local Bankruptcy Rules for the Southern District of Texas (the “Local Rules”).
3
Case 25-90022 Document 87 Filed in TXSB on 06/25/25 Page 4 of 5
J. The COMI of the Chapter 15 Debtor is Peru. Accordingly, the Peruvian Proceeding
is the “foreign main proceeding” of the Chapter 15 Debtor, as that term is defined in section
1502(4) of the Bankruptcy Code, and is entitled to recognition as such pursuant to section
K. The relief granted hereby is necessary and appropriate to effectuate the purposes
and objectives of chapter 15 and to protect the Chapter 15 Debtor, its creditors and other parties in
interest.
L. Appropriate notice of the filing of and the Hearing on the Verified Petition was
given, which notice is deemed adequate for all purposes, and no other or further notice need be
given.
For all of the foregoing reasons, and for the reasons stated in the Verified Petition and
reflected in the record thereof, and after due deliberation and sufficient cause appearing therefor,
it is hereby
Proceeding with respect to the Chapter 15 Debtor, within the meaning of section 101(24) of the
Bankruptcy Code, and is authorized to act on behalf of the Chapter 15 Debtor in this Chapter 15
Case.
4. All relief and protection afforded to foreign main proceedings under section 1520
of the Bankruptcy Code is hereby granted to the Peruvian Proceeding, the Petitioner, the Chapter
4
Case 25-90022 Document 87 Filed in TXSB on 06/25/25 Page 5 of 5
15 Debtor and the property of the Chapter 15 Debtor that is within the territorial jurisdiction of the
United States, as applicable, including application of section 362 of the Bankruptcy Code with
respect to the Chapter 15 Debtor and the property of the Chapter 15 Debtor that is within the
territorial jurisdiction of the United States, subject to the exceptions to section 362 that are set forth
5. Notwithstanding any provision in the Bankruptcy Rules or the Local Rules to the
contrary: (a) this Order shall be effective immediately and enforceable upon entry; (b) the
Petitioner is not subject to any stay in the implementation, enforcement or realization of the relief
granted in this Order; and (c) the Petitioner is authorized and empowered and may in his discretion
and without further delay take any action and perform any act necessary to implement and
6. A copy of this Order shall be served by the Petitioner within seven business days
of entry of this Order by email, first class mail, or overnight courier on the Notice Parties, and such
service shall be good and sufficient service and adequate notice for all purposes.
7. This Court shall retain jurisdiction with respect to all matters arising from or related
Date: __________,
Signed: 2025
June 25, 2025
Houston, Texas
UNITED STATES BANKRUPTCY JUDGE
_____________________________
Alfredo R Pérez
United States Bankruptcy Judge