Philippine Bar review · Question

Practice question: Suspension of Payments

Multiple Choice Medium

Practice question

A creditor attended, dissented and protested against majority approval. It timely alleges prejudicial defects in the call and deliberations. Is a formal vote alone sufficient to prevent any court examination?
  1. Yes; a majority vote makes fraud and notice defects legally irrelevant.
  2. Yes; only the debtor can ever object.
  3. No; because every approved proposal is automatically void.
  4. Yes; the court lacks every role after the meeting begins.
  5. No; the specified prejudicial procedural defects are a recognized objection ground.

Legal references

  • RA 10142, Sections 95 and 99-102, suspension of payments: https://lawphil.net/statutes/repacts/ra2010/ra_10142_2010.html
  • Supreme Court A.M. 15-04-06-SC, April 21, 2015, FLSP Rules, Rule 3(A), official PHILJA publication: https://philja.judiciary.gov.ph/files/bulletin/Bul66.pdf

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