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Philippine Bar review · Question

Practice question: Liquidation

Multiple Choice Hard

Practice question

PDIC incurs reasonable preservation expenses using the closed bank’s available funds. Separately, it charges liquidation fees and seeks reimbursement of its unpaid advances. A creditor argues both categories always require advance court approval. Which distinction follows Section 13(b)(12)-(13)?
  1. Neither category is subject to court approval
  2. Both require prior court approval without distinction
  3. Only ordinary stationery can be paid
  4. Reasonable preservation and liquidation costs may be paid from available funds without court approval, while payment of liquidation fees and unpaid advances requires court approval
  5. Former directors approve both instead

Legal references

  • RA 10846, Sections 26-29, PDIC Charter Sections 13-16, read with RA 11840: https://lawphil.net/statutes/repacts/ra2016/ra_10846_2016.html
  • RA 11840, Sections 4 and 11, amended PDIC Charter Sections 5 and 13: https://lawphil.net/statutes/repacts/ra2022/ra_11840_2022.html

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