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Philippine Bar review · Question

Practice question: Commencement Order and Stay Order

Multiple Choice Hard

Practice question

A creditor enforces a claim against an independent surety solidarily liable with a rehabilitation debtor. The surety invokes the debtor’s stay as an automatic bar. No special fact changes the statutory setting. Which is best?
  1. Every surety automatically receives the debtor’s stay
  2. Section 18(c) excepts enforcement against sureties and other solidarily liable persons; the debtor’s stay is not an automatic shield
  3. The surety’s obligation automatically disappears
  4. All nondebtor property becomes estate property
  5. Only the surety may decide the stay’s scope

Legal references

  • https://lawphil.net/statutes/repacts/ra2010/ra_10142_2010.html — RA 10142, sections 4(d) and 16–18

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