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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

Management is diverting assets while the rehabilitation case proceeds. An interested party moves for displacement and presents clear and convincing evidence of imminent dissipation. Management argues it can never be displaced because the debtor initially remains in possession. Which is best?

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Debtor control is absolute regardless of dissipation A private creditor may seize the company without court direction Section 36 permits the court to direct receiver management or appoint a management committee upon the stated showing Only management may decide its own replacement

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