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ATTY. MICHAEL B. BONGALONTA CPA,MICB,MBA,CTT,DBA, MRIS,MRITAX


FINANCIAL REHABILITATION AND INSOLVENCY ACT (FRIA) 2023

1. What is the purpose of financial rehabilitation and 6. What is the role of the Securities and Exchange
insolvency proceedings? Commission (SEC) in insolvency proceedings?

a. To punish financially troubled companies for their a. To act as the mediator between the debtor and the
mismanagement creditor

b. To rehabilitate financially troubled companies and b. To oversee all insolvency proceedings and ensure
protect the interests of their creditors that they comply with applicable laws and regulations

c. To provide financial incentives to companies in c. To provide financial assistance to the company in


financial difficulties financial difficulties

d. None of the above d. None of the above

2. What is the law that governs financial rehabilitation 7. What is the effect of filing a petition for insolvency?
and insolvency proceedings in the Philippines?
a. It immediately stops all collections and foreclosure
a. Republic Act No. 11122 proceedings against the debtor

b. Republic Act No. 10142 b. It automatically grants the debtor a discharge of all
its debts
c. Republic Act No. 9501
c. It immediately puts the company into bankruptcy
d. Republic Act No. 10519
d. None of the above

3. What is the meaning of insolvency?


8. What is the difference between a receiver and a
a. The inability of a company to pay its debts as they rehabilitation receiver?
become due
a. There is no difference, the terms are synonymous
b. The unwillingness of a company to pay its debts
b. A receiver is appointed to manage the assets of the
c. The mere default of a company in any of its company, while a rehabilitation receiver is appointed to
obligations develop a rehabilitation plan for the company
d. None of the above c. A receiver is appointed by the debtor, while a
rehabilitation receiver is appointed by the creditor

4. What is a rehabilitation plan? d. None of the above

a. A plan that outlines the liquidation of a company's


assets 9. What is the effect of a stay order in insolvency
b. A plan that outlines the restructuring of a company's proceedings?
debts and obligations a. It prevents the creditor from liquidating the assets
c. A plan that outlines the takeover of a company's of the debtor
management by creditors b. It prevents the debtor from filing for bankruptcy
d. None of the above c. It prevents the debtor from applying for a
rehabilitation plan

5. What is the difference between voluntary insolvency d. None of the above


and involuntary insolvency?

a. There is no difference, the terms are synonymous 10. What is the role of the creditors in the
b. Voluntary insolvency is initiated by the debtor while development of a rehabilitation plan?
involuntary insolvency is initiated by the creditor a. To decide on the terms and conditions of the
c. Voluntary insolvency is initiated by the creditor while rehabilitation plan
involuntary insolvency is initiated by the debtor b. To provide financial assistance to the debtor
d. None of the above c. To appoint a rehabilitation receiver to develop the
rehabilitation plan

d. None of the above


11. Can a creditor file a petition for involuntary 16. What is the effect of a declaration of insolvency?
insolvency against a single debtor?
a. It immediately grants the creditor the right to
a. Yes, if the creditor has a claim against the debtor liquidate the assets of the debtor
that exceeds the minimum amount required by law
b. It suspends all collections and foreclosure
b. No, a petition for involuntary insolvency must be proceedings against the debtor
filed by at least three creditors
c. It immediately puts the company into bankruptcy
c. Yes, as long as the debtor is a corporation
d. None of the above
d. None of the above

17. What is the duration of the automatic stay order in


12. What is the effect of a receivership order in insolvency proceedings?
insolvency proceedings?
a. 120 days from the filing of a petition for
a. It immediately grants the debtor a discharge of all rehabilitation
its debts
b. 180 days from the filing of a petition for
b. It allows the creditor to take over the management rehabilitation
of the debtor's assets and operations
c. 365 days from the filing of a petition for
c. It suspends all collections and foreclosure rehabilitation
proceedings against the debtor
d. None of the above
d. None of the above

18. What is the role of the rehabilitation receiver in


13. What is a pre-negotiated rehabilitation? insolvency proceedings?

a. A rehabilitation plan that has been negotiated and a. To liquidate the assets of the debtor and distribute
agreed upon by the debtor and its creditors before the the proceeds to the creditors
filing of a petition for rehabilitation
b. To develop a rehabilitation plan for the debtor and
b. A rehabilitation plan that is negotiated and agreed oversee its implementation
upon during the course of rehabilitation proceedings
c. To act as the mediator between the debtor and its
c. A rehabilitation plan that is developed by a court- creditors
appointed rehabilitation receiver
d. None of the above
d. None of the above

19. Can a secured creditor participate in the


14. Can shareholders of a debtor company be held rehabilitation process?
liable for its debts?
a. No, secured creditors are not affected by the
a. No, shareholders are not liable for the debts of the rehabilitation proceedings
company
b. Yes, secured creditors can participate in the
b. Yes, shareholders can be held liable if they have rehabilitation process but their claims are given priority
personally guaranteed the debts of the company over unsecured creditors

c. Yes, shareholders can be held liable if their c. Yes, secured creditors can participate in the
misconduct contributed to the insolvency of the rehabilitation process but their claims are given a lower
company priority than unsecured creditors

d. None of the above d. None of the above

15. Who can file a petition for voluntary rehabilitation? 20. Can a creditor appeal a final order or judgment
issued in insolvency proceedings?
a. Only the debtor company can file a petition for
voluntary rehabilitation a. No, final orders or judgments issued in insolvency
proceedings are not appealable
b. Any creditor or group of creditors with a claim
against the debtor may file a petition for voluntary b. Yes, final orders or judgments issued in insolvency
rehabilitation proceedings can be appealed to the Court of Appeals
within a certain period of time
c. Only the Securities and Exchange Commission (SEC)
can file a petition for voluntary rehabilitation c. Yes, final orders or judgments issued in insolvency
proceedings can be appealed to the Supreme Court
d. None of the above within a certain period of time

d. None of the above


21. What is the difference between a liquidation sale
and an rehabilitation sale?
26. Who can file a petition for involuntary
a. There is no difference, the terms are synonymous rehabilitation?

b. A liquidation sale involves the sale of all the assets a. Only one creditor with a claim against the debtor
of the debtor, while a rehabilitation sale involves the that exceeds the minimum amount required by law
sale of only a portion of the debtor's assets
b. Three or more creditors with claims against the
c. A liquidation sale is conducted during liquidation debtor that exceed the minimum amount required by
proceedings, while a rehabilitation sale is conducted law
during rehabilitation proceedings
c. The debtor company itself
d. None of the above
d. None of the above

22. What is the difference between corporate recovery


and rehabilitation? 27. What is the role of the court in insolvency
proceedings?
a. There is no difference, the terms are synonymous
a. To act as the mediator between the debtor and its
b. Corporate recovery refers to the overall financial creditors
turnaround of a company, while rehabilitation refers to
the specific process of restructuring a company's debts b. To oversee the rehabilitation proceedings and ensure
and obligations that they are conducted in accordance with applicable
laws and regulations
c. Corporate recovery is initiated by the debtor, while
rehabilitation is initiated by the creditors c. To make all the decisions related to the rehabilitation
plan
d. None of the above
d. None of the above

23. Can a debtor company apply for a judicial


foreclosure during insolvency proceedings? 28. Can a rehabilitation plan be amended?

a. Yes, a debtor company can apply for a judicial a. Yes, a rehabilitation plan can be amended at any
foreclosure even if it is under insolvency proceedings time during the rehabilitation proceedings

b. No, a debtor company cannot apply for a judicial b. No, a rehabilitation plan is final and cannot be
foreclosure during insolvency proceedings amended once it is approved by the court

c. Yes, a debtor company can apply for a judicial c. Yes, a rehabilitation plan can be amended but only if
foreclosure but only with the permission of the court all the creditors approve the amendment

d. None of the above d. None of the above

24. What is the difference between an insolvent 29. What is the difference between an insolvent and an
company and a bankrupt company? illiquid company?

a. There is no difference, the terms are synonymous a. There is no difference, the terms are synonymous

b. An insolvent company is one that is unable to pay its b. An insolvent company is one that is unable to pay its
debts as they become due, while a bankrupt company debts as they become due, while an illiquid company is
is one that has been adjudged by the court as one that is unable to meet its financial obligations due
bankrupt to a lack of cash flow

c. An insolvent company is one that has filed a petition c. An insolvent company is one that has filed a petition
for insolvency, while a bankrupt company is one that for insolvency, while an illiquid company is one that
has been judged to be beyond rehabilitation has not yet filed for insolvency

d. None of the above d. None of the above

25. What is the effect of a rehabilitation plan on 30. What is the meaning of rehabilitation stay rule?
pending claims against the debtor? a. A rule that stops all collections and foreclosure
a. It extinguishes all pending claims against the debtor proceedings against the debtor as soon as a petition
for rehabilitation is filed
b. It allows the debtor to renegotiate the terms of
pending claims with its creditors b. A rule that requires the debtor to submit a
rehabilitation plan within a certain period of time after
c. It suspends all collections and foreclosure the filing of a petition for rehabilitation
proceedings against the debtor while the rehabilitation
plan is being implemented c. A rule that allows the debtor to continue operating
its business while under rehabilitation proceedings
d. None of the above
d. None of the above
31. Can a creditor collect from the debtor's assets after
a rehabilitation plan has been approved by the court?
36. Who can file a motion for a change of rehabilitation
a. No, all the debtor's assets are turned over to the receiver?
rehabilitation receiver after a rehabilitation plan is
approved a. Only the debtor company or its creditors

b. Yes, a creditor can collect from the debtor's assets b. Only the current rehabilitation receiver
but only if their claim is not covered by the c. Anyone who has a direct or indirect interest in the
rehabilitation plan rehabilitation proceedings
c. Yes, a creditor can collect from the debtor's assets d. None of the above
but only if the rehabilitation plan is not successful

d. None of the above


37. What is the primary objective of a rehabilitation
plan?
32. What is the effect of conversion from rehabilitation a. To pay off all the debts of the debtor in full
to liquidation?
b. To allow the debtor to continue operating its
a. It automatically extinguishes all pending claims business while satisfying its obligations to its creditors
against the debtor
c. To liquidate the assets of the debtor and distribute
b. It allows the debtor to renegotiate the terms of the proceeds to its creditors
pending claims with its creditors
d. None of the above
c. It imposes an automatic stay on all collections and
foreclosure proceedings against the debtor

d. None of the above 38. Can a creditor appeal an order approving or


disapproving a rehabilitation plan?

a. No, orders approving or disapproving a rehabilitation


33. Can a rehabilitation plan be confirmed even if some plan are final and not appealable
creditors do not agree to it?
b. Yes, orders approving or disapproving a
a. No, all creditors must agree to a rehabilitation plan rehabilitation plan can be appealed to the Court of
for it to be confirmed by the court Appeals within a certain period of time
b. Yes, a rehabilitation plan can be confirmed even if c. Yes, orders approving or disapproving a
some creditors do not agree to it as long as it meets rehabilitation plan can be appealed to the Supreme
the requirements of the law Court within a certain period of time
c. Yes, a rehabilitation plan can be confirmed by the d. None of the above
court but only if it is submitted by the rehabilitation
receiver

d. None of the above 39. What is the purpose of a notice of suspension of


payments?

a. To inform the creditors that the debtor has filed a


34. What is the effect of a declaration of suspension of petition for suspension of payments
payments?
b. To provide the creditors with a copy of the petition
a. It immediately puts the company into bankruptcy for suspension of payments
b. It immediately stops all collections and foreclosure c. To inform the public that the debtor is in financial
proceedings against the debtor difficulties and is undergoing rehabilitation proceedings
c. It automatically grants the debtor a discharge of all d. None of the above
its debts

d. None of the above


40. Can a corporation be held criminally liable for
insolvency?
35. What is the difference between an equity receiver a. No, only the individuals responsible for the
and a rehabilitation receiver? insolvency can be held criminally liable
a. There is no difference, the terms are synonymous b. Yes, a corporation can be held criminally liable for
b. An equity receiver is appointed to manage the insolvency
assets of the debtor, while a rehabilitation receiver is c. Yes, but only if the insolvency was caused by
appointed to develop a rehabilitation plan for the criminal acts or fraud
debtor
d. None of the above
c. An equity receiver is appointed by the creditor, while
a rehabilitation receiver is appointed by the court

d. None of the above


41. What is the role of the rehabilitation receiver in
relation to the management of the debtor?

a. To completely take over the management of the


debtor

b. To supervise the management of the debtor and


ensure that it is conducted in accordance with the
rehabilitation plan

c. To act as a consultant to the management of the


debtor

d. None of the above

42. Can an order of the court approving a rehabilitation


plan be rescinded or amended?

a. No, an order approving a rehabilitation plan is final


and not subject to rescission or amendment

b.

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