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IN MATTER OF INVOLUNTARY INSOLVENCY OF RAFAEL FERNANDEZ. CU UNJIENG E HIJOS v. L. P. MITCHELL

This case has been cited 2 times or more.

	GR No. 178407 2015-03-18	METROPOLITAN BANK v. S.F. NAGUIAT ENTERPRISES LEONEN, J.
With the declaration of insolvency of the debtor, insolvency courts "obtain full and complete jurisdiction over all property of the insolvent and of all claims by and against [it.]"[94] It follows that the insolvency court has exclusive jurisdiction to deal with the property of the insolvent.[95] Consequently, after the mortgagor-debtor has been declared insolvent and the insolvency court has acquired control of his estate, a mortgagee may not, without the permission of the insolvency court, institute proceedings to enforce its lien. In so doing, it would interfere with the insolvency court's possession and orderly administration of the insolvent's properties.[96]
	GR No. 178407 2015-03-18	METROPOLITAN BANK v. S.F. NAGUIAT ENTERPRISES LEONEN, J.
With the declaration of insolvency of the debtor, insolvency courts "obtain full and complete jurisdiction over all property of the insolvent and of all claims by and against [it.]"[94] It follows that the insolvency court has exclusive jurisdiction to deal with the property of the insolvent.[95] Consequently, after the mortgagor-debtor has been declared insolvent and the insolvency court has acquired control of his estate, a mortgagee may not, without the permission of the insolvency court, institute proceedings to enforce its lien. In so doing, it would interfere with the insolvency court's possession and orderly administration of the insolvent's properties.[96]