-Effects of insolvency on cooperatives -Rights of creditors when cooperative becomes insolvent 1. Voluntary insolvency- an insolvent debtor owing debts exceeding in amount in the sum of P 1,000 may apply to be discharged from his debts and liabilities by petition to the RTC of the province or city in which he has resided for 6 months next preceding the filling of the petition.
2. Involuntary insolvency- an adjudication of insolvency may be made by the
petition of 3 or more creditors, residents of the Philippines, whose credits or demands accrued in the Philippines, for the amount of which credits or demands are in the aggregate of not less the P 1,000 1. Filing of the petition by the debtor praying for the declaration of insolvency 2. Issuance of order of adjudication declaring the petitioner insolvent 3. Publication and service of the order 4. Meeting of the creditors to elect the assignee in insolvency 5. Conveyance of the debtors property by the clerk of court to the assignee. 6. Liquidation of the debtors assets and payment of his debts 7. Composition, if agreed upon 8. Discharge of the debtor on his application, except a corporation 9. Objection, if any, to the discharge 10. Appeal to the SC in certain cases 1. By an insolvent debtor 2. Owing debts exceeding in amount of the sum of P1000 3. In the RTC of the province or city in which he has resided for 6 months next preceding the filing of such petition 4. Setting forth in his petition the following a. His place of residence b. The period of residence therein immediately prior to filing said petition c. His inability to pay all his debts in full d. His willingness to surrender all his property, estate, and effects not exempt from execution for the benefit of creditors e. An application to be adjudged an insolvent Once the petition is filed, it ipso facto takes away and deprives the debtor petitioner of the right to do or commit any act of preference as to creditors, pending the final adjudication 1. A verified schedule must contain— a. A full and true statement of all debts and liabilities of the insolvent debtor b. An outline of the facts giving rise or which might give rise to a cause of action against such insolvent debtor
2. A verified inventory which must contain—
a. An accurate description of all the personal and real property of the insolvent exempt or not from execution including a statement as of its value, location and encumbrances thereon b. An outline of the facts giving rise or which might give rise to a right of action in
favor of the insolvent debtor
On filing a petition for a discharge from his debts, an insolvent is required to present a verified schedule of liabilities and a verified inventory of his properties
The presentation of such documents stating the amount of
each creditorʼs claim is a jurisdictional requirement, without the proper performance of which his subsequent discharge will be of no avail That the property is erroneously or ambiguously described in the insolvents inventory will not affect the title of purchasers in the insolvency proceedings. All the property of the insolvent passes to his assignee and is administered in the insolvency proceedings regardless of errors in the insolvency.
If the insolvent omits property from his inventory, through
either mistake or fraud, it is the duty of the assignee to have the inventory amended so as to include it and take possession and administer it Even property exempt from execution must be included in order to preclude possible fraudulent omissions under the pretext that such property is exempt. But where the petitioner didn't attach an inventory to its petition for insolvency, alleging under oath that it had no property to inventory, the lack of inventory was held not fatal to the petition because it was assumed, until proven
otherwise, that the petitioner was stating the truth.
1. All the assets of the debtor not exempt from execution are taken possession of by the sheriff until the appointment of a receiver or assignee 2. The payment to the debtor of any debts due to him and the delivery to the debtor or to any person for him of any property belonging to him, and the transfer of any property to him are forbidden 3. All civil proceedings pending against the insolvent debtor shall be stayed 4. Mortgages or pledges, attachments or executions on property of the debtor duly recorded and not dissolved are not, however, affected by the order The debtor will get a discharge
A corporation doesn't get a discharge
The partners in a partnership will get a discharge