Bankruptcy and Special Liquidation

Our firm has extensive experience in handling various business restructuring cases. It is capable of seeking the best possible solution from a variety of insolvency schemes available, and does not always choose bankruptcy. Nonetheless, if bankruptcy is considered to be the best possible option, Our firm advises its clients to pursue Bankruptcy proceedings, but only after providing them with the necessary explanations and sufficiently discussing such option with them. Professional skills and abilities of a legal counsel are necessary to implement and complete bankruptcy proceedings in a fair, swift and appropriate manner. Our firm consistently tries to minimize the negative impact on the client's employees, business partners and creditors, which may be caused by bankruptcy proceedings.

Special Liquidation is often utilized to liquidate a company that has transferred its entire assets but still owes financial debts. Our firm has substantial experience in handling Special Liquidation matters and is capable of giving clients professional support in Special Liquidation cases. Special Liquidation is sometimes used as the option when the companies liquidate its subsidiaries.

Our Newsletter related to this practice area
（１）A case in which the Court held that, if a bankruptcy creditor has been partly repaid for its claims by a third-party collateral provider after the commencement of the bankruptcy proceedings, and the amount of distribution calculated on the claim amount that was fixed as of the commencement of the bankruptcy proceedings exceeds the remaining amount of claims under the substantive law, the distribution should be made for such exceeding portion.
（２）Case study on whether payments of additional wages to employees by a company that issued bonds with strong fraudulent elements constitutes an illicit gain, and whether a bankruptcy trustee may demand for the return of such payments as unjust enrichment
（３）The Tokyo High Court Decision on Whether or Not to Include Deductible Expenses of Renounced Credit Amounts of a Subsidiary under Special Liquidation Proceedings for an Individual Settlement Type (Judgment Date: July 26, 2018) (Weekly Tax Communication 2474, p. 10)
（４）When does a bank recognize suspension of payment of a debtor? - Is it necessary for any bank employee to actually recognize a notice of representation from a lawyer?
（７）Case in Which a Petition forInsolvency Proceedings was Filed by a Creditor on the Grounds of Breach of Covenant Clause (Tokyo District Court decision on May 31, 2019)
（８）Introduction to Special Liquidation Proceedings - Liquidation Type Insolvency Proceedings Other than Bankruptcy Proceedings are Available
（９）Column: Ramblings of a Former Clerk - About the Stamp for a Proof of Claim Form
（１０）Investigation of Hidden Assets by a Bankruptcy Trustee
（１１）Regarding the New System to Acquire Real Estate Information Starting on May 1, 2021
（１２）A Case in Which the Right of Avoidance was Held to be Established with Respect to a Notice of Shortfall in So-called "Kizoku-seisan (Liquidation of Security While Retaining Ownership)" (Judgment by the Osaka District Court on December 20, 2019)
（１３）The Obligation of a Bankruptcy Filing Agent to Prevent Property Dissipation
（１４）Serial Article: Trends in Bankruptcy Cases during the Novel Coronavirus Pandemic (2) - Bankruptcy -
（１５）Seizure-Prohibited Claims under a New Special Law - Enactment and Enforcement of the Act on Prohibition of Seizure of Relief Money for Natural Disasters, Etc.