Restructuring, Rehabilitation, and Insolvency

Insolvency proceedings in Japan consist of Civil Rehabilitation and Corporate Reorganization for the restructuring of businesses, and Bankruptcy and Special Liquidation which are primarily aimed at liquidation. In addition, various processes for out-of-court restructurings are also available such as the Turnaround Alternative Dispute Resolution, Special Conciliation, and the Restructuring Assistance provided by the Small and Medium-sized Enterprise Revitalization Support Council or the Regional Economy Vitalization Corporation. Our firm has extensive experience in each proceeding described above and is able to propose a proceeding that is the best suited to the situation our client is facing. Our team, consisting of lawyers with expertise in M&A and finance practice, as well as business restructuring, provides professional support to clients in various capacities, including debtors, sponsor candidates, lenders and business partners. Our firm has established networks with outside professionals, such as certified public accountants and consultants, and is able to effectively collaborate with them as necessary.

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PublicationsArchives

2019.10.08
Amended laws enacted in the 198th ordinary session of the Diet and consequences thereof to insolvency practices (2) - Amendment of the Payment Services Act, etc.
2019.09.17
GRR The Asia-Pacific Restructuring Review 2020 - Japan Chapter
2019.09.10
 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?
2019.09.10
 Filings by creditors of a petition for insolvency proceedings
2019.09.10
 Amended laws enacted in the 198th ordinary session of the Diet and consequences thereof to insolvency practices (1) - Amendment of the Payment Services Act, etc.
2019.08.13
Risk of bankruptcy due to "manpower shortage" - Tendency, causes and countermeasures -
2019.08.13
Exercise of the right of set-off in case of bankruptcy of a company - referring to the Fukuoka High Court decision on September 21, 2018 -
2019.08.13
Claim collection against delivered goods in case of bankruptcy of the purchaser - Specific example of statutory liens for sales of chattels -
2019.07.09
Various Aspects of the US Bankruptcy Law #5 -Venue for Chapter 11 filings
2019.07.09
Determination of the state of "insolvency," referring to the Tokyo District Court decision on February 27, 2018 (Kinyu/Shoji Hanrei No. 1542, p. 45)
2019.07.09
Insolvency proceedings in India
2019.06.11
Various Aspects of the US Bankruptcy Law #4 -Can Receivables be Collected through Offsetting?
2019.06.11
Points to Note when Trading with a Company Facing Risks ⸺ Referring to the Osaka High Court Decision of December 20, 2018
2019.06.11
Recommendation to Use Business Revitalization ADR Procedures
2019.05.14
Importance of Registration of Right in terms of Insolvency Procedures ⸺ An Example concerning Leased Property
2019.05.14
Introduction to Special Conciliation Proceedings for Corporate Restructuring
2019.05.14
M&A in the Framework of Statutory Insolvency Procedures
2019.04.09
Impact on Insolvency Procedures from Expanded Protection under the Copyright Act and Introduction of the System of Automatic Perfection of License Rights to Use Works
2019.04.09
Business Reorganization in Canada ⸺ Based on a Recent Case Regarding a Subsidiary of a Japanese Company
2019.04.09
Effect of Contractual Terms in Insolvency Procedures ⸺ The Effects may not Always be as the Contractual Language Says
2019.03.12
Points to Consider for Claim Management Practices - From the Court Decision that Denied the Application of the So-called Deemed Delivery Clause to a Letter of Assignment of Claims
2019.03.12
Supreme Court Judgment Ruling that Retention of Ownership Prevails Over a Transfer Security Interest (jyoto tanpo) on Collective Movable Property - Judgment of the Supreme Court on December 7, 2018 (Kinyu Homu Jijyo No. 2106, p. 4)
2019.03.12
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
2019.02.12
Various Aspects of the US Bankruptcy Law #3 - Automatic Stay Ⅱ
2019.02.12
What Company Auditors of a Company Facing a Crisis Situation Should Do - In Reference to the Judgement of the Osaka High Court on May 21, 2015 (The Financial and Business Law Precedents No. 1469, p.16)
2019.02.12
Outline of Amendments to the Civil Execution Act and Management of Claims
2019.01.15
Court decision that additional payment of obligations by a third-party debtor to the creditor enforcing a seizure of assets, made after such third party debtor's payment of its obligation to the debtor undergoing such seizure, is not subject to the exerci
2019.01.15
Right to Demand Rescission of a Fraudulent Act under the Amended Law of Obligations
2019.01.15
Compulsory Execution and Bankruptcy - Judgment of the Second Petty Bench of the Supreme Court on April 18, 2018
2018.12.11
Company Splits and the Protection of Creditors in the case of a Business Rehabilitation
2018.11.13
Impact of Amendments of the Civil Law on the Liquidation of Claims (No. 1)
2018.11.13
Bankruptcy Proceedings for Medical Corporations
2018.11.13
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
2018.11.01
Small Practices and Consumer Debt Issues-Japan
2018.10.22
GRR The Asia-Pacific Restructuring Review 2019 - Japan Chapter
2018.10.10
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
2018.10.10
Various aspects of US Bankruptcy Law #1 - How bankruptcy is viewed differently in Japan and the United States
2018.10.10
Insolvency Practice in China - Subsidiaries in China and utilization of bankruptcy proceedings
2018.09.11
Case study on whether bringing an action for debt collection in an out-of-court restructuring proceedings constitutes an abuse of rights - Judgement of the Tokyo District Court on February 13, 2018 -
2018.09.11
Case study on whether making a request for moratorium to bank creditors in completely out-of-court restructuring proceedings is considered a suspension of payment - Judgement of the Osaka District Court on March 22, 2017 -
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
2018.07.10
You Cannot be Completely Safe Even with Guarantee - A Case Showing Risk of Avoidance Concerning Guarantee
2018.06.14
Theory, Practice and Document Forms of Bankruptcy of a Business Corporation
2016.10.01
GRR The Asia-Pacific Restructuring Review 2017 - Japan Overview

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SeminarsArchives

2019.12.19
Important Issues in Business Legal Affairs in View of Latest Developments - Business Revitalization (Legal Practice)
2019.12.12
Important Issues in Business Legal Affairs in View of Latest Developments - Business Revitalization (Basics)
2019.06.20
Answers to Questions You are Hesitant to Ask about - Basic Practice in Responding to Insolvency of Business Partners, etc., and Points to Note therein (Outline of Each Type of Proceedings, Points to Note regarding Each Role in Proceedings, and Effect of t
2019.05.17
Points to Consider for Legal Practice upon Uncertain Credit and Bankruptcy of a Business Partner
2019.04.18
Most Suitable Measures to be Taken against Business Partners in Bankruptcy Proceedings in Japan and the U.S.A. in view of Case Studies
2018.10.31
Up-to-Date Claim Management Practices for Experts through Review of the Latest Amendments and Court Decisions
2018.10.26
【Tokyo】M&A Legal Practices - Turning the Insolvency of Business Partners and Competitors into a Business Opportunity
2018.10.10
【Osaka】M&A Legal Practices - Turning the Insolvency of Business Partners and Competitors into a Business Opportunity
2018.05.31
Effective Preservation of Claims and Proper Claim Collection When Preparing for Default by a Business Partner, from the Perspective of Bankruptcy Lawyers
2018.05.15
How to Handle Credit Management and Claim Collection for a Business Partner in Distress and Support Rehabilitation Thereof (Including Practical Tips on Statutory Claim Collection and Bankruptcy Proceedings)
2018.04.16
Asia Legal Practice Morning Seminar (5): Security Systems and Business Revitalization Procedures in Singapore
2017.11.25
9th East Asia Symposium on Business Restructuring & Insolvency Law and Practice

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