Uploaded by Maharlika Isabel Aquino

Flow Chart Initiation proceedings

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Initiation Proceedings
Who initiated the proceedings? Debtor or
Creditor?
If debtor: Voluntary Proceeding
If creditor: Involuntary Proceeding
Is the petition sufficient in form and
substance?
Yes
Issue a Commencement Order: Rehabilitation
Proceedings shall commence.
No
Effectivity and duration: as long as there is a
substantial likelihood that the debtor will be
rehabilitated.
The Court may, in its own discretion, give
the petitioners a reasonable period of time
to amend or supplement the petition or
submit them if amendment has been
made.
Initial Hearing
Creditors will:
1. To file their notice of claim.
TAKE NOTE: A creditor who did not file a notice of claim will not be allowed to participate in the
proceedings but will be entitled to receive distributions from Rehabilitation proceedings.
2. (within 20 days from initial hearing) Comment on the rehabilitation plan and submit such to
Court and rehabilitation Reciever.
Rehabilitation Reciever:
(within 40 days from initial hearing)
Submit a report of his findings and recommendation.
Court:
(within 10 days from receipt of report)
Must make decision, either:
a. Give due course
Will direct rehabilitation Reciever to
review, revise or recommend action on
Rehabilitation plan and submit the same
within 90 days OR Refer to Alternative
Dispute
a. Dismiss
May order payment of damages*
c. Recommend the hearing to
be
converted
into
liquidation proceeding.
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