Fria - MCQS and Ans
Fria - MCQS and Ans
Fria - MCQS and Ans
C. PARENT
D. OWNERSHIP INTEREST
10 It refers to a statutory or contractual claim or judicial charge
on real or personal property that legality entities a creditor to
resort to said property for payment of the claim or debt secured
by such lien.
A. CLAIM
B. CONTROL
C. RIGHT
D. LIEN
11 When should a Commencement order be issued if the court finds the
petition for rehabilitation to be sufficient in form and
substance?
A. 5 WORKING DAYS FROM THE FILING OF THE PETITION
B. 20 WORKING DAYS FROM THE FILING OF THE PETITION
C. AT LEAST 60 DAYS FROM THE DATE OF THE FILING
D. 10 DAYS FROM THE TIME OF ITS ISSUANCE
12 Who may serve as a rehabilitation receiver?
A. REGULAR PERSON
B. JURIDICAL PERSON
C. PRIMARY PERSON
D. ANY QUALIFIED NATURAL PERSON
13 It shall refer to a lien on property, the possession of which has
been transferred to a creditor or a representative or agent
thereof.
A. PROPERTY LIEN
B. POSSESSORY LIEN
C. REPRESENTATIVE LIEN
D. ENCUMBERED PROPERTY LIEN
14 Which of the following is a responsibility of a rehabilitation
receiver?
A. TO EVALUATE THE VALIDITY, GENUINENESS AND TRUE AMOUNT OF ALL
THE CLAIMS AGAINST THE CREDITOR
B. TO VERIFY AND CORRECT, IF NECESSARY, THE INVENTORY OF ALL OF
THE ASSETS OF THE CREDITOR, AND THEIR VALUATION
C. NOT TO VERIFY THE ACCURACY OF THE FACTUAL ALLEGATIONS IN THE
PETITION AND ITS ANNEXES
D. TO HAVE ACCESS TO ALL INFORMATION NECESSARY, PROPER OR RELEVANT
TO THE OPERATIONS AND BUSINESS OF THE CREDITOR AND FOR ITS
REHABILITATION
15 It shall refer to transactions in the pursuit of the individual
debtor's or debtor's business operations prior to rehabilitation
or insolvency proceedings and on ordinary business terms.
A. EXTRAORDINARY COURSE OF BUSINESS
B. SPECIAL COURSE OF BUSINESS
C. ORDINARY COURSE OF BUSINESS
D. CAPITAL COURSE OF BUSINESS
16 A creditor is deemed to lack adequate protection in the following
cases, except:
A. THE DEBTOR FAILS OR REFUSES TO HONOR A PRE-EXISTING AGREEMENT
WITH THE CREDITOR TO KEEP THE PROPERTY INSURED
B. THE PROPERTY WAS SOLD TO THE DEBTOR FOR A SECURED DEBT
C. THE PROPERTY HAS DEPRECIATED TO AN EXTENT THAT THE CREDITOR IS
UNDER SECURED
D. THE DEBTOR FAILS OR REFUSES TO TAKE COMMERCIALLY REASONABLE
STEPS TO MAINTAIN THE PROPERTY
17 What order may a court modify if the arrangements made by the
debtor to provide insurance or maintenance of property are not
feasible?
A. STAY ORDER
B. COMMENCEMENT ORDER
C. LIQUIDATION ORDER
D. SUSPENSION ORDER
18 It shall refer, in addition to a holder of shares of a
corporation, to a member of a nonstock corporation or association
or a partner in a partnership.
A. SHAREHOLDER
B. PARTNER
C. DIRECTOR
D. STAKEHOLDER
19 An insolvent debtor may file a verified petition including the
following, except:
A. THE PRE-NEGOTIATED REHABILITATION PLAN, INCLUDING THE NAMES OF
AT LEAST TWENTY (20) QUALIFIED NOMINEES FOR REHABILITATION
RECEIVER
B. AN INVENTORY OF THE DEBTOR'S ASSETS
C. A SCHEDULE OF THE DEBTOR'S DEBTS AND LIABILITIES
D. A SUMMARY OF DISPUTED CLAIMS AGAINST THE DEBTOR AND A REPORT ON
THE PROVISIONING OF FUNDS TO ACCOUNT FOR APPROPRIATE PAYMENTS
SHOULD ANY SUCH CLAIMS BE RULED VALID OR THEIR AMOUNTS ADJUSTED
20 It shall refer to the restoration of the debtor to a condition of
successful operation and solvency, if it is shown that its
continuance of operation is economically feasible and its
creditors can recover by way of the present value of payments
projected in the plan, more if the debtor continues as a going
concern than if it is immediately liquidated.
A. REHABILITATION
B. LIQUIDATION
C. RESTORATION
D. INDEMNIFICATION
21 What order shall a court issue within five working days if the
petition is sufficient in form and substance?
A. LIQUIDATION ORDER
B. STAY ORDER
C. COMMENCEMENT ORDER
D. SUSPENSION ORDER
22 It is a period that may be agreed upon by the parties’ pending
negotiation and finalization of the out-of-court or informal
restructuring or Rehabilitation Plan.
A. PRESCRIPTIVE PERIOD
B. GRACE PERIOD
C. STANDSTILL PERIOD
D. WALKING PERIOD
23 It is a reasonable and necessary expense incurred in the ordinary
course of business of the debtor after the commencement date.
A. GENERAL EXPENSES
B. ADMINISTRATIVE EXPENSES
C. ORDINARY EXPENSES
D. EXTRAORDINARY EXPENSES
24 It refers to a corporation that directly or indirectly, through
one or more intermediaries, is controlled by, or is under the
common control of another corporation.
A. AFFILIATE
B. CONTROLLING INTEREST
C. SUBSIDIARY
D. PARENT COMPANY
25 It is a financial condition of a debtor where he is unable to pay
his liabilities as they fall due in the ordinary course of
business or has liabilities that are greater than its or his
assets.
A. LIQUIDATION
B. BANKRUPTCY
C. INSUFFICIENCY
D. INSOLVENCY
26 What are proceedings initiated by creditors?
A. INVOLUNTARY PROCEEDINGS
B. VOLUNTARY PROCEEDINGS
C. REGULAR PROCEEDINGS
D. GENERAL PROCEEDINGS
27 The costs for compensation to the rehabilitation officer and
direct employees or independent contractors are considered as what
type of expenses?
A. GENERAL EXPENSES
B. PRE-COMMENCEMENT CLAIMS
C. ADMINISTRATIVE EXPENSES
D. ORDINARY EXPENSES
28 Claims of separation pay for months worked prior to the
commencement date shall be considered as:
A. ADMINISTRATIVE EXPENSES
B. EXTRAORDINARY EXPENSES
C. COMPENSATION CLAIMS
D. PRE-COMMENCEMENT CLAIMS
29 Claims for salary and separation pay for work performed after the
commencement date shall be considered as:
A. ADMINISTRATIVE EXPENSES
B. GENERAL EXPENSES
C. COMPENSATION CLAIMS
D. PRE-COMMENCEMENT CLAIMS
30 Claims for actual damages, if any, arising as a result of the
election to terminate a contract against the debtor shall be
considered as:
A. PRE-COMMENCEMENT CLAIMS
B. GENERAL EXPENSES
C. TERMINATION CLAIMS
D. ADMINISTRATIVE EXPENSES
31 It shall refer to a creditor with a secured claim.
A. SECURED PARTY
B. SECURED CREDITOR
C. SECURED CLAIM
D. NATURAL PERSON
32 What is the period given to the court to confirm a Rehabilitation
Plan?
A. MINIMUM OF 6 MONTHS FROM THE DATE OF FILING
B. 60 DAYS FROM THE DATE OF FILING
C. MAXIMUM OF 1 YEAR FROM THE DATE OF FILING
D. 30 DAYS FROM THE DATE OF FILING
33 It refers to properties held by the debtor in which other persons
have an ownership interest.
A. PROPERTY LIEN
B. POSSESSORY LIEN
C. PROPERTY OF OTHERS
D. ESTATE
34 It shall refer to any corporation authorized/licensed to sell or
offer to sell pre-need plans.
A. PRE NEED COMPANY
B. BANK
C. PHILIPPINE DEPOSIT INSURANCE CORPORATION
D. QUASI-BANK
35 When shall be the hearing on the objections to the petition be
held by the court?
A. (80) DAYS FROM THE DATE OF THE SECOND PUBLICATION OF THE ORDER
B. (25) DAYS FROM THE DATE OF THE SECOND PUBLICATION OF THE ORDER
C. (150) DAYS FROM THE DATE OF THE SECOND PUBLICATION OF THE
ORDER
D. (40) DAYS FROM THE DATE OF THE SECOND PUBLICATION OF THE ORDER
36 It is when an insolvent debtor applies for a liquidation by filing
a petition for liquidation with the court. What is this type of
liquidation?
A. JURIDICAL LIQUIDATION
B. INVOLUNTARY LIQUIDATION
C. GENERAL LIQUIDATION
D. VOLUNTARY LIQUIDATION
37 The following shall be the actions of a Liquidation Order, except:
A. DECLARE THE DEBTOR INSOLVENT
B. ORDER THE LIQUIDATION OF THE DEBTOR AND, IN THE CASE OF A
JURIDICAL DEBTOR, DECLARE IT AS DISSOLVED
C. DETERMINE THE CREDITORS WHO HAVE MADE NOT TIMELY AND NOT PROPER
FILING OF THEIR NOTICE OF CLAIMS
D. DIRECT PAYMENTS OF ANY CLAIMS AND CONVEYANCE OF ANY PROPERTY
DUE THE DEBTOR TO THE LIQUIDATOR