Practice question
A receiver recommends a compliant plan. It would give the objecting class a net present value exactly equal to liquidation. Owners lose their controlling interest. The debtor invokes Section 64's specific override and says equality is enough. Which is best?
- That route requires likely compensation with net present value greater than liquidation, not merely equal
- Equality necessarily means greater
- The receiver may delete the statutory comparison
- A creditor's dissent itself cures every defect
- Only nominal future totals count
Legal references
- RA 10142, Section 64: https://lawphil.net/statutes/repacts/ra2010/ra_10142_2010.html
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