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Philippine Bar review · Question

Practice question: Suspension of Payments

Multiple Choice Hard

Practice question

At a properly constituted meeting, two-thirds of voting creditors support a proposal, but their claims represent only half the debtor’s total scheduled liabilities. Which is correct under section 97(d)?
  1. Headcount alone always suffices
  2. The proposal lacks the additional three-fifths-liability majority required
  3. Only the debtor’s preference matters
  4. Half is legally identical to three-fifths
  5. The commissioner may ignore the second requirement

Legal references

  • https://lawphil.net/statutes/repacts/ra2010/ra_10142_2010.html — RA 10142, sections 94–102

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