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

Authors： Shun Sato

Restructuring, Rehabilitation, and Debt managment Newsletter Vol.3
Magazine/Book：Restructuring, Rehabilitation, and Debt managment Newsletter Vol.3
Publisher：Oh-Ebashi LPC & Partners
Practice： Restructuring, Rehabilitation, and Insolvency
Date of publication： September 11, 2018

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Legal Practice regarding Contracts in Light of the Amendments to the Law of Obligations
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Overview of the Scheme of the Small and Medium-Sized Enterprise Revitalization Support Council (Chushokigyo Saisei Shien Kyogikai)
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What are the Standard Terms and Conditions Newly Provided in the Amended Civil Code?
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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
2019.01.25
Recent Developments in Insider Trading Regulations and Crisis Management Practices – Commencement of a Crackdown on Encouragement to Commit Insider Trading
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)
2017.02.01
The Hasan-kanzai Practice (The Trusteeship Practice)
2016.07.01
Points to Note on Ordinances Providing an Obligation to Pay Contributions, etc.
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
2014.02.01
Hasan-kanzai BASIC (The Basics of Trusteeship)
2012.07.01
Thesis: Bankruptcy of Beneficiary/Master Lessee in Real Estate Securitization Scheme
2010.01.01
Trends in Court Cases and Legal Practices on the System of Approving the Extinguishment of Security Interests in Civil Rehabilitation Proceedings
2009.11.01
Bankruptcy of Beneficiary/Master Lessee in Real Estate Securitization Scheme (Vol. 2)
2009.10.01
Bankruptcy of Beneficiary/Master Lessee in Real Estate Securitization Scheme (Vol. 1)

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【Special Series on COVID-19: Restructuring Businesses (2)】 Support Systems for Companies Concerning the Novel Coronavirus (focusing on public financial support)
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【Special Series on COVID-19: Restructuring Businesses (1)】 Financial Support for Companies Affected by the Novel Coronavirus Disease
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Filings by creditors of a petition for insolvency proceedings
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Insolvency proceedings in India
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Recommendation to Use Business Revitalization ADR Procedures
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M&A in the Framework of Statutory Insolvency Procedures
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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
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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
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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
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Right to Demand Rescission of a Fraudulent Act under the Amended Law of Obligations
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Compulsory Execution and Bankruptcy – Judgment of the Second Petty Bench of the Supreme Court on April 18, 2018
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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
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)
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Small Practices and Consumer Debt Issues-Japan
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GRR The Asia-Pacific Restructuring Review 2019 - Japan Chapter
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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
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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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Insolvency Practice in China - Subsidiaries in China and utilization of bankruptcy proceedings
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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
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Theory, Practice and Document Forms of Bankruptcy of a Business Corporation
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