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1956
5. Conveyance of the debtors property by the clerk of court to the assignee 6. Liquidation of the debtors assets and payment of his debts 7. Composition, if agreed upon 8. Discharge of the debtor on his application, except a corporation 9. Objection, if any, to the discharge 10. Appeal to the SC in certain cases
REQUISITES OF PETITION FOR VOLUNTARY INSOLVENCY THE PETITION WHICH MUST BE VERIFIED, IS TO BE FILED
1. By an insolvent debtor 2. Owing debts exceeding in amount of the sum of P1000 3. In the RTC of the province or city in which he has resided for 6 months next preceding the filing of such petition 4. Setting forth in his petition the following a. His place of residence b. The period of residence therein immediately prior to filing said petition c. His inability to pay all his debts in full d. His willingness to surrender all his property, estate, and effects not exempt from execution for the benefit of creditors e. An application to be adjudged an insolvent
The presentation of such documents stating the amount of each creditors claim is a jurisdictional requirement, without the proper performance of which his subsequent discharge will be of no avail
IF YOU ARE THE DEBTOR, WHY WOULD YOU FILE FOR INSOLVENCY?
The debtor will get a discharge A corporation doesnt get a discharge The partners in a partnership will get a discharge
or class to me in any way belonging. The inventory also contains a full, true and correct statement of all debts owing or due to me, or to any person or persons in trust for me and of all securities and contracts whereby any money may hereafter become due or payable to me or by or through which any benefit or advantage whatever may accrue to me or to my use, or to any other person or persons in trust for me. The schedule contains a clear outline of the facts giving rise, or which might give rise, to a cause of action against me, and the inventory contains an outline of the facts giving rise, or which might give rise, to any cause of action in my favor. I had no lands, money, stock, or estate, reversion, or expectancy, or property of any kind, except that set forth in said inventory. I have no instance created or acknowledged a debt for a greater sum than I honestly and truly owe. I have not, directly or indirectly, concealed, fraudulently sold, or otherwise fraudulently disposed of, any part of my real or personal property, estate, effects, or rights of action, and I have not in any way compounded with any of my creditors in order to secure such creditors, or to receive or to accept any profit or advantage therefrom, or to defraud or deceive in any manner any creditor to whom I am indebted. So help me God." SECTION 18. Order of court declaring petitioner insolvent; Publication notice. Upon receiving and filing said petition, schedule, and inventory, the court, or the judge thereof in vacation, shall make an order declaring the petitioner insolvent, and directing the sheriff of the province or city in which the petition is filed to take possession of, and safely keep, until the appointment of a receiver or assignee, all the deeds, vouchers, books of account, papers, notes, bonds, bills, and securities of the debtor, and all his real and personal property, estate, and effects, except such as may be by law exempt from execution. 3 Said order shall further forbid the payment to the debtor of any debts due to him and the delivery to the debtor, or to any person for him, and the transfer of any property by him, and shall further appoint a time and place for a meeting of the creditors to choose an assignee of the estate. Said order shall designate a newspaper of general circulation published in the province or city in which the petition is filed, if there be one, and if there be none, in a newspaper which, in the opinion of the judge, will best give notice to the creditors of the said insolvent, and in the newspaper so designated said order shall be published 4 as often as may be prescribed by the court or the judge The time appointed for the election of an assignee shall not be less than two, nor more than eight, weeks from the date of the order of adjudication. Upon the granting of said order all civil proceedings pending against said insolvent shall be stayed. When a receiver is appointed, or an assignee chosen, as provided in this Act, the sheriff shall thereupon deliver to such receiver or assignee chosen, as provided in this Act, the sheriff shall thereupon deliver to such receiver or assignee, as the case may be, all the property, assets, and belongings of the insolvent which have come into his possession, and he shall be allowed and paid as compensation for his services the same expenses and fees as would by law be collectible if the property had been levied upon and safely kept under attachment. SECTION 19. Publication of order. A copy of said order shall immediately be published 5 by the clerk of said court, in the newspaper designated therein, for the number of
times and as prescribed by the court or the judge thereof, and a copy of said order shall be delivered personally or sent by the clerk forthwith by registered mail, postage prepaid, to all creditors named in the schedule. There shall be deposited, in addition to twenty-four pesos, which shall be received by the clerk on commencing such proceedings, a sum of money sufficient to defray the expense of the ublication ordered by the court, necessary postage, and ten centavos for each copy, to be delivered personally or mailed to the creditors, which last-named sum is hereby constituted the legal fee of the clerk for the personal delivery or mailing required by this section.
REPUBLIC V. CA 132 SCRA 514 VILLANUEVA V. CASTANEDA 154 SCRA 142 SERGS PRODUCTS AND GOQUIOLAY V. PCI LEASING AND FINANCE 338 SCRA 499 THE WAREHOUSE RECEIPTS LAW SEQUESTRATION OR JUDICIAL DEPOSIT -
PROOF OF DEBTS - Insolvency Law INSOLVENCY OF PARTNERSHIPS & CORPORATIONS CLASSIFICATION AND PREFERENCE OF CREDITORS Assignees in Insolvency INVOLUNTARY INSOLVENCY -
SUSPENSION OF PAYMENTS - Insolvency Law THE INSOLVENCY LAW - TITLE AND GENERAL SUBJECT OF THE ACT CONCURRENCE AND PREFERENCE OF CREDITS (ARTICLES 2236-2251) CHATTEL MORTGAGE ANTICHRESIS (ARTICLES 2132-2139) -
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REQUISITES OF PETITION FOR VOLUNTARY INSOLVENCY THE PETITION WHICH MUST BE VERIFIED, IS TO BE FILED
1. By an insolvent debtor 2. Owing debts exceeding in amount of the sum of P1000 3. In the RTC of the province or city in which he has resided for 6 months next preceding the filing of such petition 4. Setting forth in his petition the following a. His place of residence b. The period of residence therein immediately prior to filing said petition c. His inability to pay all his debts in full d. His willingness to surrender all his property, estate, and effects not exempt from execution for the benefit of creditors e. An application to be adjudged an insolvent
b. An outline of the facts giving rise or which might give rise to a right of action in favor of the insolvent debtor
IF YOU ARE THE DEBTOR, WHY WOULD YOU FILE FOR INSOLVENCY?
The debtor will get a discharge A corporation doesnt get a discharge The partners in a partnership will get a discharge
giving rise, or which might give rise, to a right of action in favor of the insolvent debtor. SECTION 17. Verification, form of . The petition, schedule, and inventory must be verified by the affidavit of the petitioner, annexed thereto, and shall be in form substantially as follows: "I, _______________., do solemnly swear that the schedule and inventory now delivered by me contain a full, correct, and true discovery of all my debts and liabilities and of all goods, effects, estate, and property of whatever kind or class to me in any way belonging. The inventory also contains a full, true and correct statement of all debts owing or due to me, or to any person or persons in trust for me and of all securities and contracts whereby any money may hereafter become due or payable to me or by or through which any benefit or advantage whatever may accrue to me or to my use, or to any other person or persons in trust for me. The schedule contains a clear outline of the facts giving rise, or which might give rise, to a cause of action against me, and the inventory contains an outline of the facts giving rise, or which might give rise, to any cause of action in my favor. I had no lands, money, stock, or estate, reversion, or expectancy, or property of any kind, except that set forth in said inventory. I have no instance created or acknowledged a debt for a greater sum than I honestly and truly owe. I have not, directly or indirectly, concealed, fraudulently sold, or otherwise fraudulently disposed of, any part of my real or personal property, estate, effects, or rights of action, and I have not in any way compounded with any of my creditors in order to secure such creditors, or to receive or to accept any profit or advantage therefrom, or to defraud or deceive in any manner any creditor to whom I am indebted. So help me God." SECTION 18. Order of court declaring petitioner insolvent; Publication notice. Upon receiving and filing said petition, schedule, and inventory, the court, or the judge thereof in vacation, shall make an order declaring the petitioner insolvent, and directing the sheriff of the province or city in which the petition is filed to take possession of, and safely keep, until the appointment of a receiver or assignee, all the deeds, vouchers, books of account, papers, notes, bonds, bills, and securities of the debtor, and all his real and personal property, estate, and effects, except such as may be by law exempt from execution. 3 Said order shall further forbid the payment to the debtor of any debts due to him and the delivery to the debtor, or to any person for him, and the transfer of any property by him, and shall further appoint a time and place for a meeting of the creditors to choose an assignee of the estate. Said order shall designate a newspaper of general circulation published in the province or city in which the petition is filed, if there be one, and if there be none, in a newspaper which, in the opinion of the judge, will best give notice to the creditors of the said insolvent, and in the newspaper so designated said order shall be published 4 as often as may be prescribed by the court or the judge The time appointed for the election of an assignee shall not be less than two, nor more than eight, weeks from the date of the order of adjudication. Upon the granting of said order all civil proceedings pending against said insolvent shall be stayed. When a receiver is appointed, or an assignee chosen, as provided in this Act, the sheriff shall thereupon deliver to such receiver or assignee
chosen, as provided in this Act, the sheriff shall thereupon deliver to such receiver or assignee, as the case may be, all the property, assets, and belongings of the insolvent which have come into his possession, and he shall be allowed and paid as compensation for his services the same expenses and fees as would by law be collectible if the property had been levied upon and safely kept under attachment. SECTION 19. Publication of order. A copy of said order shall immediately be published 5 by the clerk of said court, in the newspaper designated therein, for the number of times and as prescribed by the court or the judge thereof, and a copy of said order shall be delivered personally or sent by the clerk forthwith by registered mail, postage prepaid, to all creditors named in the schedule. There shall be deposited, in addition to twenty-four pesos, which shall be received by the clerk on commencing such proceedings, a sum of money sufficient to defray the expense of the ublication ordered by the court, necessary postage, and ten centavos for each copy, to be delivered personally or mailed to the creditors, which last-named sum is hereby constituted the legal fee of the clerk for the personal delivery or mailing required by this section.
REPUBLIC V. CA 132 SCRA 514 VILLANUEVA V. CASTANEDA 154 SCRA 142 SERGS PRODUCTS AND GOQUIOLAY V. PCI LEASING AND FINANCE 338 SCRA 499 THE WAREHOUSE RECEIPTS LAW SEQUESTRATION OR JUDICIAL DEPOSIT -
PROOF OF DEBTS - Insolvency Law INSOLVENCY OF PARTNERSHIPS & CORPORATIONS CLASSIFICATION AND PREFERENCE OF CREDITORS Assignees in Insolvency INVOLUNTARY INSOLVENCY -
SUSPENSION OF PAYMENTS - Insolvency Law THE INSOLVENCY LAW - TITLE AND GENERAL SUBJECT OF THE ACT CONCURRENCE AND PREFERENCE OF CREDITS (ARTICLES 2236-2251) CHATTEL MORTGAGE ANTICHRESIS (ARTICLES 2132-2139) -
Popular in BATASnatin:
FORECLOSURE of Mortgage - Redemption - - 5205 Hits CHATTEL MORTGAGE - - 4950 Hits Distinction Between A Joint And Several Debtor And A Surety - - 4578 Hits THE WAREHOUSE RECEIPTS LAW - - 3472 Hits REAL ESTATE MORTGAGE (ARTICLES 2124-2131) - - 3119 Hits
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