Concurrence and Preference of Credits

Title XIX Concurrence and Preference of Credits
CHAPTER 1: GENERAL PROVISIONS

2236: The Dor is liable w/ all his property (present and future), for the fulfillment of his obligations subject to the exemptions provided by law 2237: Insolvency shall be governed by: Special laws insofar as they are not inconsistent with this Code 2238: The property of the conjugal partnership/ absolute community shall NOT be among the assets to be taken possession of by the assignee, for the payment of the insolvent Dors obligations so long as the conjugal partnership/ absolute community subsists EXCEPT insofar as the latter have redounded to the benefit of the family If it is the H who is insolvent The admin of the CP/ AC may be transferred to the W or 3P other than the assignee By order of the court 2239: If there is property other than that of the CP/ AC owned by 2+ persons, one of whom is the insolvent Dor: The insolvent Dors undivided share or interest in the property shall be among the assets to be taken possession of by the assignee, for the payment of the insolvent Ds obligations 2240: Property held by the insolvent Dor as trustee (of an X/ I trust) shall be excluded from the insolvency proceedings
CHAPTER 2: CLASSIFICATION OF CREDITS

2241: The following claims or liens shall be preferred with respect to specific movable property of the debtor: In these cases, if the movables to which the lien/ preference attaches have been wrongfully taken the C my demand them from any possessor within 30 days from the unlawful seizure 1.) Duties, taxes, and fees due thereon to the State/ any subdivision thereof 2.) Claims arising from: misappropriation, breach of trust, or malfeasance by public officials in the performance of their duties on the movables, money, or securities obtained by them 3.) Claims for the unpaid price of movable sold, on said movables so long as they are in possession of the Dor up to the value of the moveable If the movable has been resold by the Dor + price is still unpaid The lien may be enforced on the price This right is not lost by: - The immobilization of the thing by destination Provided: It has not lost its form, substance, and identity - The sale of the thing together with other property for a lump sum When the price of the thing can be determined proportionally
4.) Credits guaranteed: - With a pledge so long as the things pledged are in the hands of the creditor - By a chattel mortgage upon the things pledged or mortgaged up to the value of the things 5.) Credits for: the making, repair, safekeeping or preservation of personal property on the movable this made, repaired, kept, or possessed 6.) Claims for laborers wages on the goods manufactured or the work done 7.) For expenses of salvage upon the goods salvaged 8.) Credits between the landlord and the tenant arising from the contract of tenancy on shares on the share of each in the fruits or harvest 9.) Credits for transportation upon the goods carried for the price of the contract and incidental expenses until their delivery, and for thirty days thereafter 10.) Credits for lodging and supplies usually furnished to travelers by hotel keepers on the movables belonging to the guest as long as such movables are in the hotel BUT NOT for money loaned to the guests 11.) Credits for cultivation and harvest advanced to the Dor upon the fruits harvested 12.) Credits for rent for one year Upon the personal property of the lessee existing on the immovable leased And on the fruits of the same BUT NOT on money or instruments of credit 13.) Claims in favor of the Dor if the Dary has wrongfully sold the thing deposited upon the price of the sale
2242: The following claims, mortgages, and liens shall be preferred and shall constitute an encumbrance on the immovable or real right with reference to specific immovable property and real rights of the Dor: 1.) Taxes due upon the land or building 2.) For the unpaid price of real property sold upon the immovable 3.) Claims of laborers, masons, mechanics, and other workemen, as well as of architects, engineers, and contractors engaged in construction or repair of buildings, canals or other works upon said buildings, canals, or other works 4.) Claims of furnishers of materials used in the construction, reconstruction, or repair of buildings, canals or other works upon said buildings, canals, or other works 5.) Mortgage credits recorded in the Registry of Property upon the real estate mortgaged 6.) Expenses for the preservation or improvement of real property when the law authorizes reimbursement upon the immovable preserved or improved 7.) Credits annotated in the Registry of Property upon the real estate mortgaged 8.) Claims of co-heirs for warranty in the partition among them of an immovable upon the real property this divided 9.) Claims of donors of real property for pecuniary charges or other conditions imposed upon the done upon the immovable donated 10.) Credits of insurers upon the property insured for the insurance premium for two years 2243: The claims or credits enumerated in 2241 and 2242 shall be considered as mortgages or pledges of real/ personal property or liens within the purview of legal provisions governing insolvency. Taxes mentioned in No. 1, 2241 (duties, fees, taxes) shall first be satisfied.
2244: The following claims or credits shall be preferred in the order named with reference to other real/ personal property of the Dor 1.) Proper funeral expenses for: the Dor or his children who have no property of their own, when approved by the court 2.) Credit for services rendered the insolvent by employees, laborers, or household helpers for 1 year preceding the commencement of the proceedings in insolvency 3.) Expenses during the last illness of: the Dor his/ her spouse and children under his/ her parental authority, if they have no property of their own 4.) Compensation due the laborers or their dependents under laws providing for indemnity for damages in cases of labor accident, or illness resulting from the nature of the employment 5.) Credits and advancements made to the Dor for support of himself/ herself, and the family during the last year preceding the insolvency 6.) Support during the insolvency proceedings and for three months thereafter 7.) Fines and civil indemnification arising from a criminal offense 8.) Legal expenses, and expenses incurred in the administration of the insolvents estate for the common interest of the creditors when properly authorized and approved by the court 9.) Taxes and assessments due the national government Other than those in Arts. 2241, No. 1 (duties taxes, and fees) and 2242, No. 1 (taxes due upon the land or building) 10.) Taxes and assessments due any province Other than those in Arts. 2241, No. 1 (duties taxes, and fees) and 2242, No. 1 (taxes due upon the land or building) 11.) Taxes and assessments due any city or municipality Other than those in Arts. 2241, No. 1 (duties taxes, and fees) and 2242, No. 1 (taxes due upon the land or building) 12.) Damages for death or personal injuries caused by a quasi-delict 13.) Gifts due to public and private institutions of charity or beneficence 14.) Credits which, without special privilege, appear in: a. A public instrument b. In a final judgment if they have been the subject of litigation These credits shall have preference among themselves In order of priority of the dates of the instruments and of the judgments, respectively
2245: Credits of any other kind or class Or by any other right or title not comprised in 2241 - 2244 shall enjoy no preference
CHAPTER 3: ORDER OF PREFERENCE OF CREDITS

2246: Those credits which enjoy preference with respect to specific movables exclude all others, to the extent of the value of the personal property to which the preference refers 2247: If there are 2+ credits with respect to the same specific movable property They shall be satisfied pro rata after the payment of duties, taxes, and fees due the State/ any subdivision thereof 2248: Those credits which enjoy preference in relation to specific real property or real rights exclude all others, to the extent of the value of the immovable or real right to which the preference refers 2249: If there are 2+ credits with respect to the same specific real property They shall be satisfied pro rate after the payment of the taxes an assessments upon the immovable property or real right 2250: After the payment of the credits which enjoy preference with respect to specific real/ personal property the excess, if any, shall be added to the free property which the Dor may have for the payment of other credits 2251: Those credits which: - do not enjoy any preference with respect to specific property - enjoy preference, as to the amount not paid shall be satisfied according to the following rules: 1.) in the order established in 2244 2.) Common credits referred to in 2245 shall be paid pro rata, regardless of dates

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Title XIX Concurrence and Preference of Credits

CHAPTER 1: GENERAL PROVISIONS

CHAPTER 2: CLASSIFICATION OF CREDITS

CHAPTER 3: ORDER OF PREFERENCE OF CREDITS

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