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Showing 49–62 of 62 articles for “creditors”

Surety Bonds, Deficiency Claims, and the Burden of Proof in Collection Suits

The Supreme Court clarifies when a demand for payment is valid and what evidence creditors must present to collect a deficiency after foreclosure.

Deficiency Judgments: Can Creditors Recover Unpaid Balances After Foreclosing Chattel Mortgages?

Explaining when Philippine creditors may sue for a deficiency judgment after foreclosing a chattel mortgage, and the legal limits on recovery.

Priority of Registered Attachment Liens: Protecting Creditors in Real Property Sales

When a registered attachment lien beats an unregistered sale: lessons from Biñan Steel v. Garcia on creditor protection in Philippine property law.

Piercing the Corporate Veil: When Creditors Can Reach a Parent Company's Assets

The Supreme Court clarifies when courts may disregard corporate separateness and hold parent companies liable for subsidiaries' debts.

Redemption Rights vs Fraudulent Conveyance: Protecting Family Interests in Property Disputes

When a father assigns his right to redeem property to his son, can creditors later challenge it as fraudulent? The Supreme Court explains.

Piercing the Corporate Veil: When Foreclosure by Government Banks Is Not Fraud

The Supreme Court explains when foreclosure by government banks does not justify piercing the corporate veil, and why creditors cannot claim preferences outside liquidation.

Accion Pauliana: When the Four-Year Clock Starts on Fraudulent Transfers

Philippine Supreme Court clarifies when the four-year prescriptive period for accion pauliana begins, protecting creditors from fraudulent conveyances by debtors.

Default and Damages: Clarifying Rights in Chattel Mortgage Disputes

Philippine Supreme Court clarifies default rules, damages, and replevin in chattel mortgage disputes—key lessons for creditors and borrowers.

Rescission of Fraudulent Conveyances: Protecting Creditors' Rights in Property Transfers

When a debtor transfers property to evade creditors, the law allows rescission. China Banking Corp. v. Court of Appeals explains the rules.

Finality of Judgment vs Insolvency Proceedings: Protecting Creditors' Rights

Philippine Supreme Court clarifies when a final and executory judgment prevails over insolvency stay orders, and the proper remedy for assignees.

Living Wills and Inheritance Rights: When Relatives Can Intervene in Estate Proceedings

Explains when a testator may probate a will during lifetime, and when relatives or creditors may intervene in estate settlement.

Unregistered Stock Transfers: Creditors' Rights vs. Ownership Claims

Philippine Supreme Court ruling on unregistered stock transfers and their effect on creditors' rights to levy shares.

Nationwide Reach of Replevin Writs: Jurisdiction and Enforcement in Philippine Courts

Philippine courts can enforce replevin writs nationwide. Learn how jurisdiction is determined and what it means for creditors and debtors.

Mortgage Foreclosure After Death of a Debtor: Creditor Options in the Philippines

When a mortgagor dies, creditors have three legal options. Learn how extrajudicial foreclosure works under Philippine law.