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OceanBridge Logistics, Inc., a corporation engaged in international freight forwarding and port services, has total debts of PHP 860 million due within the next 150 days. Facing an imminent liquidity crisis, the board files for Suspension of Payments under RA 10142 with the trial court, seeking a temporary stay of creditor actions for 180 days and the appointment of a rehabilitator to supervise operations and negotiations with creditors for rehabilitation. A majority of unsecured creditors sign in support; a substantial secured creditor, Fortress Bank, objects and seeks immediate payment on its secured claim. The court grants the 180-day suspension and directs submission of a rehabilitation plan. After 140 days, Fortress Bank files a motion to lift the stay on grounds of lack of progress and alleged bad faith. (a) Identify the controlling doctrine governing Suspension of Payments under RA 10142 and the essential predicates for the grant of relief. (b) Distinguish Suspension of Payments from liquidation or other insolvency devices and explain the practical effect of the stay on creditor rights, including secured and unsecured creditors. (c) Apply to the facts: Has OceanBridge satisfied the prerequisites? What should the court decide on Fortress Bank's motion? Why?

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Clara

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