Supreme Court’s Judgment dated June 5, 2014 concerning the Right of Separate Satisfaction and Its Implications on such Agreements in the Future

Authors: Tomohiro Kitano

(co-author)


Magazine/Book:BANKING LAW JOURNAL 21, No. 783
Date of publication: March, 2015

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Various Issues Anticipated in Business Restructuring Cases after the Novel Coronavirus Pandemic
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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.
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Provisions on Points to Consider for Commercial Receivables in ADR Procedures for Business Revitalization – Amendment of the Act on Strengthening Industrial Competitiveness
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Commentaries on the Bankruptcy Act (Vol. 1)
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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
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150 Discussion Topics on the Amendments of the Insolvency Law

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