Practice question
A claim was already pending appeal in the Supreme Court on the commencement date. A party says section 18 requires the appeal to stop automatically in every case. Which is correct?
- Every pending Supreme Court appeal must stop
- The creditor may ignore the rehabilitation court forever
- The appeal falls within the stated exception, but any final executory judgment must be referred to the rehabilitation court for appropriate action
- The appellate judgment automatically gives unlimited execution outside rehabilitation
- The underlying debt is automatically forgiven
Legal references
- https://lawphil.net/statutes/repacts/ra2010/ra_10142_2010.html — RA 10142, sections 4(d) and 16–18
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