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Question XI
XI. PA Assurance (PA) was incorporated in 1980 toengage in the sale of pre-need educational plans. It sold open-ended educational plans which guaranteed the payment of tuition and other fees to planholders irrespective of the cost at the time of availment. Italso engaged in the sale of fixed value plans which guaranteed the payment of a pre-determined amount to planholders. In 1982, PAwas among the country’s top corporations. However, it subsequently suffered financial difficulties.
On September 8, 2005, PA filed a Petition for Corporate Rehabilitation before the Regional Trial Court (RTC) of Makati City. On October 17, 2005, ten (10) plan holders filed an Opposition and Motion to Exclude Planholders from Stay Order on the ground that planholders are not creditors as they (planholders) have a trust relationship with PA. Are the planholders correct? (4%)
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