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Philippine Bar review · Question

Practice question: Liquidation

Multiple Choice Hard

Practice question

A secured lender argues that preservation of its lien under Section114 authorizes immediate foreclosure on the day a Liquidation Order issues, despite Section113(e). No independent legal exception is established. Which is correct?
  1. Preserved security eliminates every procedural limit
  2. The lien remains, but the statutory180day foreclosure prohibition must also be applied
  3. Every lien is automatically canceled instead
  4. The lender becomes liquidator by demand
  5. All property must be given to the debtor's shareholders

Legal references

  • RA 10142, Sections 113(e) and114: https://lawphil.net/statutes/repacts/ra2010/ra_10142_2010.html

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