Provisions on Points to Consider for Commercial Receivables in ADR Procedures for Business Revitalization – Amendment of the Act on Strengthening Industrial Competitiveness

Authors： Tomohiro Kitano

Restructuring, Rehabilitation, and Debt managment Newsletter Vol.1


Magazine/Book：Restructuring, Rehabilitation, and Debt managment Newsletter Vol.1
Publisher：Oh-Ebashi LPC & Partners
Practice： Restructuring, Rehabilitation, and Insolvency
Date of publication： July 10, 2018

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Guidelines Concerning Business Revitalization, etc. of Small and Medium Enterprises (2) - Out-of-Court Restructuring Proceedings
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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
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Various Issues Anticipated in Business Restructuring Cases after the Novel Coronavirus Pandemic
2019.11.12
General Description of Business Revitalization ADR Procedures
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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.
2018.05.01
Learning about the Amendment to Laws on Obligations through Case Studies
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Commentaries on the Bankruptcy Act (Vol. 1)
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
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Filings by creditors of a petition for insolvency proceedings
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Claim collection against delivered goods in case of bankruptcy of the purchaser - Specific example of statutory liens for sales of chattels -
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Various Aspects of the US Bankruptcy Law #5 –Venue for Chapter 11 filings
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Determination of the state of “insolvency,” referring to the Tokyo District Court decision on February 27, 2018 (Kinyu/Shoji Hanrei No. 1542, p. 45)
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Insolvency proceedings in India
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Various Aspects of the US Bankruptcy Law #4 –Can Receivables be Collected through Offsetting?
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Recommendation to Use Business Revitalization ADR Procedures
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Introduction to Special Conciliation Proceedings for Corporate Restructuring
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Effect of Contractual Terms in Insolvency Procedures ⸺ The Effects may not Always be as the Contractual Language Says
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Impact of Amendments to the Law of Succession on Practices for Business Succession, Debt Management and Collection, etc., and Points to Note Therefor - Part 2
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Various Aspects of the US Bankruptcy Law #3 – Automatic Stay Ⅱ
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Right to Demand Rescission of a Fraudulent Act under the Amended Law of Obligations
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Company Splits and the Protection of Creditors in the case of a Business Rehabilitation
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Impact of Amendments of the Civil Law on the Liquidation of Claims (No. 1)
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Bankruptcy Proceedings for Medical Corporations
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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)
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Various aspects of US Bankruptcy Law #1 - How bankruptcy is viewed differently in Japan and the United States
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2018.09.11
Impact of amendments to the law of succession on practices for business succession, debt management and collection, etc., and points to note therefor - Part 1
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
2018.07.10
Collection of Claims where a Debtor’s Real Estate is Occupied by a Creditor – About the Supreme Court Decision dated December 14, 2017 in which the Court Held that Real Estate Could be Subject to a Commercial Lien
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