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Showing 1–24 of 26 articles for “stay order”

Corporate Rehabilitation in the Philippines: Navigating Stay Orders and Foreign Judgments

Philippine Supreme Court clarifies how a rehabilitation stay order suspends enforcement of foreign judgments against a distressed corporation.

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.

Guarantee vs Suretyship: How Waiving Excussion Changes Liability

The Supreme Court clarifies when a "guarantee" becomes a suretyship, and why a rehabilitation stay order does not protect a surety.

Corporate Rehabilitation and Court-Approved Penalty Reductions: La Savoie v. Buenavista

A stay order voids judgments rendered in violation of it, and rehabilitation courts may reduce contractual penalties under an approved plan.

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.

Corporate Rehabilitation Stay Orders: What They Mean for Property Claims

The Supreme Court explains how a stay order in corporate rehabilitation suspends all claims, including demands for specific performance of property sales.

Protecting Property Rights When Courts CAN Order Padlocks Pending Litigation

Learn when corporate rehabilitation stay orders can cover properties owned by stockholders, not just the corporation, under Philippine law.

Writ of Possession: Absolute Right After Ownership Consolidation

Foreclosure buyers gain an absolute right to possession once title consolidates. The Supreme Court explains the limits of appeals and stay orders.

Res Judicata in Corporate Rehabilitation: Balancing Creditor Rights and Economic Recovery

The Supreme Court clarifies res judicata and stay order rules in corporate rehabilitation, balancing creditor rights with economic recovery.

Third-Party Mortgages and Stay Orders: Scope Under Philippine Rehabilitation Law

Philippine Supreme Court clarifies that stay orders in corporate rehabilitation do not cover third-party or accommodation mortgages under the Interim Rules.

Foreclosure vs Rehabilitation: When a Stay Order Takes Effect

A stay order in corporate rehabilitation does not undo a foreclosure completed before the petition. Ownership matters.

Rehabilitation Proceedings and Claims: When a Stay Order Bars Separate Collection Suits

A Supreme Court ruling explains how corporate rehabilitation stay orders bar separate collection suits and bind creditors to approved rehabilitation plans.

Corporate Rehabilitation Separate Juridical Personality Prevails Over Third Party Mortgages

Supreme Court clarifies that corporate rehabilitation stay orders do not cover properties owned by third-party mortgagors.

Solidary Liability of Sureties: Understanding Your Obligations in Philippine Law

Philippine Supreme Court clarifies that sureties solidarity liable with a debtor cannot use corporate rehabilitation stay orders to delay or avoid payment obligations.

Criminal Charges vs Corporate Rehabilitation: Supreme Court Clarifies Scope of Stay Orders

Philippine Supreme Court rules that stay orders in corporate rehabilitation do not suspend criminal cases against corporate officers.

Corporate Rehabilitation vs Labor Rights: Balancing Competing Interests in Dismissal Cases

How the Supreme Court balanced a company's rehabilitation stay order against an employee's final judgment for illegal dismissal.

Rehabilitation Stay Orders and Foreclosure Rights: The Equitable PCI Bank v. DNG Realty Ruling

When a corporate rehabilitation stay order does not stop post-foreclosure steps like title consolidation and writs of possession.

Upholding Contractual Obligations When Clear Terms Prevail Over External Claims

The Supreme Court affirms a rehabilitation plan over creditor objections and allows foreclosure of an accommodation mortgagor's property outside the stay order.

Corporate Rehabilitation vs. Creditor Claims: The Broad Scope of Stay Orders

The Supreme Court clarifies that suspension orders under corporate rehabilitation cover all creditor claims, regardless of when they arose.

Stay Orders in Corporate Rehabilitation: Why All Claims Against Distressed Firms Are Suspended

The Supreme Court explains why all claims against corporations under rehabilitation are suspended, regardless of when the claim arose.

Rehabilitation Stay Orders vs Maritime Liens: What Creditors Should Know

Supreme Court clarifies that rehabilitation stay orders suspend maritime lien enforcement, preserving creditor preference without allowing immediate vessel arrest.

Defective Summons and Corporate Rehabilitation: Voluntary Submission to Court Jurisdiction

When defective service of summons can be cured by a party's own actions, and how corporate rehabilitation stay orders affect collection suits.

Standby Letters of Credit Stand Outside Corporate Rehabilitation Stay Orders

Philippine Supreme Court ruling on why standby letters of credit are not covered by rehabilitation stay orders and remain enforceable against issuing banks.

The Stay Order and Corporate Rehabilitation: Suspending Claims Against Distressed Companies

Explaining how the stay order in corporate rehabilitation suspends money claims against distressed companies, citing the Philippine Airlines case.