Civil Rehabilitation and Corporate Reorganization

Civil Rehabilitation and Corporate Reorganization have various legal mechanisms that enable a debtor to restructure its business in an easier way. A Rehabilitation Plan and Reorganization Plan may be implemented if they are approved by a statutory majority of creditors and confirmed by the court, as compared to Out-of-court Restructurings where the unanimous approval of creditors involved in the proceedings is required.

Our firm provides professional legal services in a prompt, appropriate and fair manner, and exerts its best efforts to maintain the enterprise value of the debtor under Civil Rehabilitation and Corporate Reorganization proceedings, utilizing the experience and know-how of its lawyers obtained from the handling of numerous cases.

Our Newsletter related to this practice area

（１）A case in which the Court held that, in rehabilitation for individuals with small-scale debts, the existence or absence of uncontested claims and the like may be taken into consideration in deciding whether or not the approval of the proposed rehabilitation plan setting forth special clauses on home loans qualifies as an event where approval was based on actions conflicting with the principle of good faith and trust Decision of the Supreme Court (3rd Petty Bench) on December 19, 2017
（２）The Last Resort in Civil Rehabilitation Proceedings - When the Management Loses its Right of Management by Administration Order
（３）A Case in Which Security Interest Created by Way of Assignment of a Set of Claims is Held to be Subject to the Order Permitting Extinguishment of a Security Interest - Decision by the Tokyo High Court, 22nd Civil Division, on February 14, 2020
（４）Column: Ramblings of a Former Clerk - About the Stamp for a Proof of Claim Form
（５）Restructuring Plan (Repayment Plan) for Business Rehabilitation of Group Companies
（６）Corporate Liquidation and Civil Rehabilitation/Corporate Reorganization - Civil rehabilitation and corporate reorganization are sometimes used for corporate liquidation.
（７）Serial Article: Trends in Bankruptcy Cases during the Novel Coronavirus Pandemic (1) - Civil Rehabilitation
（８）Serial Article: (Final) - Corporate Reorganization
（９）A case in which the Court held that there was not a ground for disconfirmation that qualifies as an event that: "the resolution on the rehabilitation plan has been adopted by unlawful means" (Article 174(2)(iii) of the Civil Rehabilitation Act) (Decision of the Supreme Court (Second Petty Bench) on December 22, 2021)
（１０）Safeguard Measure Imposed by the United States on CSPV Products Primarily Imported from China
（１１）Review of a Settlement in the Exercise of Voting Rights in Favor of a Proposed Rehabilitation Plan in a Rehabilitation Proceeding (an Affirmative Vote by Settlement)
（１２）Column: Ramblings of a Former Clerk - The Topic on the Terms "Right of Separate Satisfaction" and "Secured Reorganization Claim"
（１３）Substantially Revised Code of Civil Procedure (Part 1) - IT for Civil Procedure
（１４）Substantially Revised Code of Civil Procedure (Part 2) - The system of confidentiality of names and addresses of parties, and legal proceedings for statutory trial periods, etc.
（１５）A case in which offsetting a claim for return of capital contribution to a credit union arising from withdrawal after commencement of civil rehabilitation proceedings as a passive claim was not permitted under Article 92(1) of the Civil Rehabilitation Act