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Showing 1–24 of 62 articles for “creditors”

Can Creditors Garnish Public Officials' Salaries? Supreme Court Says Yes

Public officials' salaries are not exempt from garnishment absent a specific law, the Supreme Court ruled, clarifying the limits of wage protection.

Rehabilitation Plans and Creditor Rights: When Debt Restructuring Binds Secured Creditors

When can a rehabilitation plan force creditors to accept debt restructuring? The Supreme Court explains in China Banking v. St. Francis Square.

When Bank Receivership Suspends B.P. 22 Liability: What Creditors Should Know

Philippine Supreme Court ruling on how bank receivership suspends check payment obligations and bars B.P. 22 criminal liability for bank officers.

Bank Liability and Jurisdiction in Mortgage Fraud Cases: The Hermosa Savings Bank Ruling

The Supreme Court clarifies which court handles claims against a bank under liquidation, and what this means for creditors.

Protecting Conjugal Property from a Spouse’s Personal Debts: Cordova v. Ty Explained

Can creditors seize conjugal property for one spouse’s personal debt? The Supreme Court’s ruling in Cordova v. Ty explains the limits.

Understanding the Impact of Stay Orders on Corporate Rehabilitation in the Philippines

The Supreme Court clarifies when a stay order suspends collection cases against a corporation under rehabilitation, and when creditors may proceed.

Prescription Period for Oral Contracts: What Creditors and Debtors Must Know

The Supreme Court clarifies the six-year prescription period for oral contracts and why timely action is critical for creditors and debtors.

Rehabilitation Proceedings Balancing Contractual Obligations AND Corporate Recovery

Explore how Philippine courts balance contractual obligations with corporate rehabilitation, ensuring fair treatment for creditors and debtors.

Understanding Acceleration Clauses in Loan Agreements: A Guide to Immediate Debt Repayment

The Supreme Court explains how acceleration clauses work in loan agreements, allowing creditors to demand full payment upon default.

Securities Fraud and Filing Fees: What Empire Insurance Teaches About Investor Protection

Supreme Court clarifies filing fee computation for securities fraud actions and affirms preliminary injunction to protect investor-creditors' rights.

Corporate Rehabilitation Stay Orders and Creditor Set-Offs: The Allied Banking v. SCP Ruling

When does a rehabilitation stay order bind creditors? The Supreme Court explains retroactivity, set-offs, and due process in Allied Banking v. SCP.

Perfecting Stock Transfers: Why Recording Matters in Third-Party Claims

A Supreme Court ruling clarifies that unrecorded stock transfers are not binding on third parties, including creditors levying on corporate property.

When Courts Can Pierce the Corporate Veil to Reach a Natural Person's Assets

Explaining the Supreme Court's ruling on reverse piercing of the corporate veil, allowing creditors to reach corporate assets to satisfy a judgment against a controlling individual.

Credit Card Debt Collection: Proving the Basis of Claims in Philippine Courts

Philippine Supreme Court ruling on credit card collection cases: creditors must prove the basis of claims, not just submit a statement of account.

Concealment of Vehicle Documents as Estafa: Protecting Creditor Rights in Chattel Mortgages

The Supreme Court rules that concealing a vehicle's OR-CR can constitute estafa, protecting creditors' rights in chattel mortgages.

Trust Receipt Violations and Preliminary Attachment: Safeguarding Creditor Rights

Supreme Court clarifies when trust receipt violations justify preliminary attachment, protecting creditors from fraudulent debtors.

Navigating Corporate Rehabilitation: Strict Compliance vs Equitable Relief in Financial Distress

The Supreme Court clarifies when liberality in procedural rules applies in corporate rehabilitation appeals, balancing equity with due process for creditors.

Piercing the Corporate Veil: When Debt Recovery Fails Against Corporate Officers

The Supreme Court clarifies when creditors can hold corporate officers personally liable for corporate debts under the alter ego doctrine.

Bank Deposit Secrecy in Insolvency: Creditors Cannot Waive a Debtor's Rights

Supreme Court rules creditors cannot waive an insolvent debtor's bank deposit secrecy rights without the debtor's written consent or receiver's conformity.

Priority OF Registered Levy Over Unregistered Sale Protecting Creditors Rights IN Property Disputes

Due Process in Corporate Rehabilitation: Creditors' Right to Participate on Appeal

Supreme Court ruling on creditors' right to participate in corporate rehabilitation appeals, protecting due process and equal footing principles.

Priority of Registered Levy Over Unnoted Claims Protecting Creditors in Real Estate Disputes

Learn how registered levies protect creditors in Philippine real estate disputes and why unnoted claims lose priority under the Torrens system.

Rehabilitation Over Liquidation: Protecting Corporate Viability in Financial Distress

The Supreme Court affirms that corporate rehabilitation, not liquidation, is preferred when a distressed firm can be revived and creditors remain protected.

Rehabilitation vs Secured Interests: Balancing Creditor Rights in Corporate Recovery

Philippine Supreme Court ruling on how corporate rehabilitation balances secured creditors' rights with the need for equal treatment and recovery.