Log In Create Account

Philippine Bar review · Question

Practice question: Commencement Order and Stay Order

Multiple Choice Medium

Practice question

After the commencement date, a creditor unilaterally offsets its debt to the debtor against a pre-existing receivable. It claims Section 17 cannot affect setoff because there was no asset seizure. Which is correct?
  1. Section 17(c) separately addresses post-commencement setoff
  2. Only physical seizures are covered by every subsection
  3. Setoff always bypasses rehabilitation
  4. No setoff can ever be examined by the court
  5. The creditor becomes owner of every bank account

Legal references

  • RA 10142 (FRIA), Sections 4, 7, 9, 17-18, 31-35, 64-70 and 115-121: https://lawphil.net/statutes/repacts/ra2010/ra_10142_2010.html

Answer this question in flashcards to review your response and continue practicing.