Commentaries on the Bankruptcy Act (Vol. 1)

Article 97　Tomohiro Kitano、Hirotake Tanaka
Article 108, 109　Masaki Nogami
Article 114, 134　Yoichi Wakasugi　

Authors： Masaki Nogami Yoichi Wakasugi Tomohiro Kitano Hirotake Tanaka
Publisher：Kinzai Institute For Financial Affairs, Inc.
Date of publication： December, 2015

Other publications by Masaki Nogami

2022.06.10
Guidelines Concerning Business Revitalization, etc. of Small and Medium Enterprises (3) - Out-of-Court Restructuring Proceedings for Business Closures
2021.03.09
Restructuring Plan (Repayment Plan) for Business Rehabilitation of Group Companies
2020.07.14
Restructuring Businesses of Companies Struggling in the COVID-19 Pandemic
2019.10.08
Formulation of a Restructuring Plan under which the Restructuring Company will Pay Debts using its Revenue
2019.05.14
Introduction to Special Conciliation Proceedings for Corporate Restructuring
2018.12.11
Are You Familiar with the Work of a Business Rehabilitation Lawyer?
2016.10.01
140 Q&As on the Practice of Out-of-court Arrangements for Liquidation
2016.03.01
Case Report on the Use of ADR in a Business Turnaround and Guidelines on Personal Guarantees by Business Owners in an Attempt to Comprehensively Work Out Debts
2014.11.05
“New ‘DIP-style’ Company Reorganization Proceedings, which are Binding on Security Interests and Preferred Claims” and “How to Deal with the Cancellation/Invalidation of Agreements in relation to the Right of Separate Satisfaction (betsujyo-ken kyotei)”
2014.11.01
150 Discussion Topics on the Amendments of the Insolvency Law
2014.07.31
100 Q&As on the Practice of Out-of-court Arrangements for Liquidation: A Supplement
2014.02.01
Hasan-kanzai BASIC (The Basics of Trusteeship)
2013.12.01
120 Q&As on the Practice of Corporate Reorganization
2013.06.10
Symposium: “Toward the Restructuring of the Insolvency Legal System”
2013.03.21
A Study on the Disclosure of Information to Creditors
2012.03.02
An Essay on the ‘DIP-style’ Company Reorganization Proceedings, which are Binding on Security Interests and Preferred Claims
2011.05.25
DIP-style’ Company Reorganization Cases of the Osaka District Court
2010.10.05
Practice Manual for Civil Rehabilitation Proceedings
2010.01.26
Retail Business (2) – Tenant’s Right to Claim for Return of Deposits
2005.07.01
Theory/Practice on the New Insolvency Law and Forms Therefor (for Bankruptcy of Business Operators)
2004.03.03
Theory/Practice on New Corporate Reorganization Proceedings for the Practice of Trusteeship, and Forms Therefor
2003.12.10
Company Splits/Mergers in Corporate Rehabilitation Proceedings

MORE

Other publications by Yoichi Wakasugi

2021.07.13
Construction Equipment and Immediate Acquisition
2020.02.12
Benefits and Responsibilities of Using the Civil Provisional Remedies
2019.01.15
Compulsory Execution and Bankruptcy – Judgment of the Second Petty Bench of the Supreme Court on April 18, 2018
2018.07.10
You Cannot be Completely Safe Even with Guarantee – A Case Showing Risk of Avoidance Concerning Guarantee
2016.10.01
140 Q&As on the Practice of Out-of-court Arrangements for Liquidation
2007.07.24
Legal Consultation Concerning Practices on the Companies Act for Small and Medium Enterprises
2006.06.01
A Series of Questions and Answers: The Practice of Revised Special Liquidation Proceedings
2005.07.01
Theory, Practice and Document Forms of the New Bankruptcy Law - Bankruptcy of a Business Corporation
2005.01.10
New Edition: A Series of Questions and Answers on the Practice after the Major Amendment of the Insolvency Law
2004.03.03
Theory/Practice on New Corporate Reorganization Proceedings for the Practice of Trusteeship, and Forms Therefor
2003.07.02
New Corporate Reorganization Act
2003.06.25
First Steps on the Practice of Corporate Restructuring for Tax Attorneys – Important Issues for Proceeding with the Civil Rehabilitation Case
2003.04.25
A Series of Questions and Answers: The Practice under the Revised Corporate Reorganization Act
1999.04.20
Encyclopedia of Practices under Insolvency Law

MORE

Other publications by Tomohiro Kitano

2023.01.31
Signs of the Introduction of a Majority Vote-based Out-of-Court Liquidation Procedure – The Direction of New Legislation for Business Restructuring -
2022.05.09
Guidelines Concerning Business Revitalization, etc. of Small and Medium Enterprises (2) - Out-of-Court Restructuring Proceedings
2021.09.14
Establishment of Provisions for Pre-DIP Financing and Protection of Commercial Claims in the Rehabilitation Support Procedures under the Small and Medium Enterprises Turnaround Support Committee Scheme
2020.08.11
Various Issues Anticipated in Business Restructuring Cases after the Novel Coronavirus Pandemic
2019.11.12
General Description of Business Revitalization ADR Procedures
2019.06.11
Recommendation to Use Business Revitalization ADR Procedures
2018.08.14
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.
2018.07.10
Provisions on Points to Consider for Commercial Receivables in ADR Procedures for Business Revitalization – Amendment of the Act on Strengthening Industrial Competitiveness
2018.05.01
Learning about the Amendment to Laws on Obligations through Case Studies
2015.03.03
Supreme Court’s Judgment dated June 5, 2014 concerning the Right of Separate Satisfaction and Its Implications on such Agreements in the Future
2015.03.01
The Supreme Court Decision about the Agreement on the Right of Separate Satisfaction dated June 5, 2014, and Agreements on the Right of Separate Satisfaction in the Future
2014.11.01
150 Discussion Topics on the Amendments of the Insolvency Law

MORE

Other publications by Hirotake Tanaka

2023.08.24
Thematic-based: Legal Practice in the Healthcare Business
2023.08.08
Bankruptcy of a Party that Agreed to Resolve Disputes through Arbitration Proceedings
2022.01.11
Are bankruptcy creditors expected to pay attention to public announcements in the official gazette? (decision of the Utsunomiya District Court on May 13, 2021, Hanrei Times No. 1489, p. 69)
2021.06.08
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)
2020.08.11
Points to Consider for Open Innovation from the Perspective of Insolvency Law (Referring to a Joint R&D Agreement with a Start-up)
2020.03.10
Bankruptcy of Licensor and the Consequences for License Agreements
2019.12.10
Various Aspects of the US Bankruptcy Law #6 –Validity of Contract Termination on the Basis of “Filing Bankruptcy”
2019.07.09
Various Aspects of the US Bankruptcy Law #5 –Venue for Chapter 11 filings
2019.06.11
Various Aspects of the US Bankruptcy Law #4 –Can Receivables be Collected through Offsetting?
2019.05.14
M&A in the Framework of Statutory Insolvency Procedures
2019.02.12
Various Aspects of the US Bankruptcy Law #3 – Automatic Stay Ⅱ
2018.12.21
FAQ on Investments in Medical Organizations
2018.12.11
Various Aspects of the US Bankruptcy Law #2 – Automatic Stay I
2018.10.10
Various aspects of US Bankruptcy Law #1 - How bankruptcy is viewed differently in Japan and the United States
2014.02.25
New Approach for the Use of Corporate Reorganization Proceedings – The case in which, after having been shifted from a civil rehabilitation case to a bankruptcy case, the bankruptcy trustee filed a petition to commence corporate reorganization proceedings and, under such corporate reorganization proceedings, the trustee successfully formed an agreement with secured creditors and disposed the building built on leased land, including completed parts of construction (concrete basement and the like) thereof

MORE

Contact us

ページTOPへ