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

Authors： Yoshimasa Oe
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

Other publications by Yoshimasa Oe

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Introduction of the Natural Disaster Debt Restructuring Guidelines – Following the Noto Peninsula Earthquake in 2024 -
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Collection of Goods Delivered to a Bankrupt Purchaser - Judgment of the Tokushima District Court dated August 18, 2021 -
2021.12.14
How to Avoid Invalidation of Joint Liability – Contracts for Revolving Guarantees by Individuals and Avoidance of Gratuitous Acts
2021.05.11
Pitfalls in Retaining Ownership - A Review of the Judgment by the Supreme Court on March 10, 2009
2020.05.12
Right of Retention under Commercial Law Available duringDebt Collection
2019.08.13
Claim collection against delivered goods in case of bankruptcy of the purchaser - Specific example of statutory liens for sales of chattels -
2019.02.12
Outline of Amendments to the Civil Execution Act and Management of Claims
2018.05.01
Learning about the Amendment to Laws on Obligations through Case Studies
2018.04.20
Review of Cases involving Misconduct in Quality Control and Possible Countermeasures – Focusing on B to B Business
2018.03.19
Amendments to the Civil Code of Japan (Part 3): Formulaic General Conditions
2017.12.18
Amendments to the Civil Code of Japan (Part 2): Cancellation of Contracts and Guarantee Obligations
2017.09.12
Amendments to the Civil Code of Japan (Part 1) : Extinctive Prescription and Statutory Interest Rate
2016.10.01
140 Q&As on the Practice of Out-of-court Arrangements for Liquidation
2014.07.31
100 Q&As on the Practice of Out-of-court Arrangements for Liquidation: A Supplement

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Learning through Stories: Actual Practice of Business Transfer in Bankruptcy Case
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Recent Developments Concerning Bankruptcy in China
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Restructuring and Withdrawal of Chinese Subsidiaries (6)- Withdrawal (ii) Dissolution, Liquidation and Bankruptcy
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Restructuring and Withdrawal of Chinese Subsidiaries (5)- Withdrawal (i) Share Assingment
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Beware of “Tricky Traps” that Exploit Knowledge of the Civil Execution Act, the Civil Provisional Remedies Act, and Insolvency Laws
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Restructuring and Withdrawal of Chinese Subsidiaries (4) - Restructuring (iii) Company Split and Business Transfer
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Restructuring and Withdrawal of Chinese Subsidiaries (3) - Restructuring (ii) Administration Services Company
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Restructuring and Withdrawal of Chinese Subsidiaries (2) - Restructuring (i) Merger
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Restructuring and Withdrawal of Chinese Subsidiaries (1) - Introduction
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[Series] Utilization of Business Transfer in Bankruptcy Cases (8th): Looking Back at the Series
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[Series] Utilization of Business Transfer in Bankruptcy Cases (7th): How to Handle Cases Where Assets to be Transferred Include Collateral and Leased Poperty (2)
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[Series] Utilization of Business Transfer in Bankruptcy Cases (6th): How to Handle Cases Where Assets to be Transferred Include Collateral and Leased Property
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Sponsorship Schemes in Japanese Legal Restructuring Practice（INSOL News Update - May 2022)
2022.06.10
Guidelines Concerning Business Revitalization, etc. of Small and Medium Enterprises (3) - Out-of-Court Restructuring Proceedings for Business Closures
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Guidelines Concerning Business Revitalization, etc. of Small and Medium Enterprises (2) - Out-of-Court Restructuring Proceedings
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Restructuring and Corporate Insolvency from the Perspective of Financial Institutions
2022.03.01
Business Revitalization and Corporate Bankruptcy from the Perspective of Financial Institutions
2022.02.14
6000 Legal Measures for Financial Institutions
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[Series] Utilization of Business Transfer in Bankruptcy Cases (3rd): Content of the Business Transfer Agreement, Ensuring the Adequacy of the Transfer Value
2022.01.01
Rams Corporation
2021.07.01
A Handbook for Small and Medium-Sized Enterprises of Civil Rehabilitation Proceedings
2021.05.01
Privacy of Debtors on the “Bankrupt Map” at Stake（INSOL News Update - May 2021)
2020.07.29
Elpida Memory Corporate Reorganization Proceedings – International Bankruptcy Case of a Semiconductor Memory Manufacturer that Obtained a Decision of Recognition of a Reorganization Plan [in Japan]
2020.05.08
【Special Series on COVID-19: Restructuring Businesses (2)】 Support Systems for Companies Concerning the Novel Coronavirus (focusing on public financial support)
2020.05.01
【Special Series on COVID-19: Restructuring Businesses (1)】 Financial Support for Companies Affected by the Novel Coronavirus Disease
2020.04.13
Japan's Economic Response to the Coronavirus
2019.11.30
220 Q&As on the Practice of Bankruptcy Proceedings
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
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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 exercise of the right of avoidance (hinin-ken) under Article 162(1) of the Bankruptcy Act once the commencement of bankruptcy proceedings is approved by the court with respect to the debtor undergoing seizure of its assets.- Judgment of the Third Petty Bench of the Supreme Court on December 19, 2017
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 (Judgment Date: July 26, 2018) (Weekly Tax Communication 2474, p. 10)
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 Courton 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
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GRR The Asia-Pacific Restructuring Review 2017 - Japan Overview
2012.04.01
Panel Discussion: “Bankruptcy and Offset”

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