Abstract

The article analyzes the factors that determine the effectiveness and efficiency of bankruptcy proceedings in Mexico, highlighting that they should not be evaluated solely by the duration or number of cases, but by the complexity of each procedure and its particular circumstances. It argues that bankruptcy proceedings are a multidimensional process that involves legal, economic, and social aspects, with the main objective of preserving viable companies or liquidating them in an orderly manner, protecting creditors and the public interest. The author identifies that the problems of inefficiency do not stem exclusively from the law, but from factors such as the complexity of the cases, the actions of the participants, the lack of specialization, and, especially, the insufficient bankruptcy culture. The importance of correctly applying bankruptcy principles (transparency, procedural economy, speed, publicity, and good faith) is emphasized, with the latter being the central axis.

Likewise, it is proposed to strengthen the training of judges and specialists, improve institutions, adopt good international practices, and foster a bankruptcy culture that allows for the prevention of insolvency and better management of processes. In conclusion, the effectiveness of bankruptcy proceedings depends more on the understanding, application of principles, and context of each case than on quantitative indicators.