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Showing 1–24 of 36 articles for “debtors”

When Banks Can't Apply Loan Payments Across Different Debtors: Corporate Veil Rules

Supreme Court clarifies when a bank may apply a borrower's payment to another's debt, and why corporate separateness limits payment application.

Examining Judgment Debtors: How Courts Can Enforce Judgments Against Elusive Corporations

Winning a lawsuit is only half the battle. Learn how Philippine courts can examine corporate officers to enforce judgments against elusive debtors.

Debtors' Burden of Proof in Loan Repayment Disputes: Insights from the Supreme Court

A debtor who claims payment must prove it. The Supreme Court clarifies the burden of proof in loan collection cases.

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.

Trust Receipt Violations and Preliminary Attachment: Safeguarding Creditor Rights

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

Summary Judgment vs Trial: Protecting Rights in Contract Disputes

How the Supreme Court protects judgment debtors from irregular execution sales in contract disputes, and what it means for your rights.

Surety Agreements Upholding Liability Despite Principal Debtors Released Collateral

Solidary Liability and Compromise: When Settling With One Debtor Benefits All

When solidary debtors are sued under a common cause of action, a compromise with one may extinguish liability for all. This explains the rule.

B P 22 and Estate Liability Ensuring Debtors Obligations Extend Beyond Death

Philippine Supreme Court ruling on B.P. 22 and estate liability, clarifying that a debtor's obligation survives death and may be enforced against the estate.

Sumbilla v. Matrix Finance: When Courts Correct Excessive Penalties in Final Bouncing Check Cases

The Supreme Court relaxed the finality rule to correct an excessive fine in a BP 22 conviction, protecting debtors from penalties beyond the law's limits.

Rehabilitation Courts Have Limited Jurisdiction Over Insurance Claims of Corporate Debtors

Supreme Court clarifies that rehabilitation courts cannot adjudicate insurance claims filed by the distressed company against its insurers.

Right to Information: Compelling Document Production in Credit Assignment Cases

Supreme Court rules on compelling production of documents referenced in a Deed of Assignment under Rule 27, protecting debtors' right to information.

Levy on Mortgaged Property in the Philippines: Sheriff's Duties Explained

Philippine Supreme Court clarifies that sheriffs may levy mortgaged properties to satisfy judgments, as debtors retain beneficial ownership until foreclosure.

Foreclosure Invalidity Upholding Debtors Rights IN Loan Obligations

Upholding Contractual Obligations Denying A Debtors Attempt TO Evade Payment

Mortgage Foreclosure Rights Prevail When Preliminary Injunction Lacks Legal Basis

Supreme Court nullifies preliminary injunction blocking bank foreclosure, ruling debtors' failure to show clear right constitutes grave abuse of discretion.

Simulated Sales and Fraudulent Asset Transfers: Protecting Creditors Under Philippine Law

When debtors hide assets through fake sales to relatives, creditors can have those transfers voided. The Supreme Court explains how.

Solidary vs Joint Obligations: When Liability Is Not Presumed in Philippine Law

Philippine Supreme Court clarifies that solidary obligations are not presumed; joint debtors are liable only for their proportionate shares.

SPV Law Notice Requirements: Protecting Debtor Rights in Asset Transfers

Learn how the SPV Law's notice requirements protect debtors when banks transfer non-performing loans to special purpose vehicles.

Pactum Commissorium Protecting Debtors From Unfair Foreclosure

The Supreme Court voided a dacion en pago that let a creditor automatically take mortgaged land, reaffirming the Philippine ban on pactum commissorium.

Condonation in Foreclosure: Defining the Scope and Effect of Debt Forgiveness

The Supreme Court clarifies when condonation of a deficiency after foreclosure takes effect and its scope, with practical lessons for debtors and creditors.

Joint vs Solidary Obligations: What the Supreme Court Says About Liability in Contracts

A Supreme Court ruling clarifies when multiple debtors are only jointly liable, not solidarily liable, under Philippine contract law.

Family Home Exemption: Claiming Protection Before the Execution Sale

Philippine Supreme Court ruling on when and how judgment debtors must claim the family home exemption from execution sale.