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Philippine Bar review · Question

Practice question: Commencement Order and Stay Order

Multiple Choice Hard

Practice question

The rehabilitation court permits a specialized tribunal to finish a claim under Section 18(b). The creditor obtains a final and executory judgment and seeks to treat the exception as unrestricted authority to collect outside rehabilitation. Which is correct?
  1. The exception automatically permits every collection method
  2. The judgment must be ignored
  3. The final judgment is referred to the rehabilitation court and treated as a non-disputed claim under the subsection
  4. The specialized tribunal becomes the liquidator
  5. The judgment transfers all debtor assets to the creditor

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

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