Beware of “Tricky Traps” that Exploit Knowledge of the Civil Execution Act, the Civil Provisional Remedies Act, and Insolvency Laws

Other publications by Keisuke Hayashi

2022.06.14
Review of a Settlement in the Exercise of Voting Rights in Favor of a Proposed Rehabilitation Plan in a Rehabilitation Proceeding (an Affirmative Vote by Settlement)
2022.03.01
The Intellectually Stimulating Code of Civil Procedure (Part 24 Epilogue)
2022.02.01
The Intellectually Stimulating Code of Civil Procedure (Part 23: Chapter X "Civil Dispute Resolution Procedures II")
2022.01.01
The Intellectually Stimulating Code of Civil Procedure (Part 22: Chapter X "Civil Dispute Resolution Procedures I")
2021.12.01
The Intellectually Stimulating Code of Civil Procedure (Part 21: Chapter IX "Appeal and Retrial")
2021.11.01
The Intellectually Stimulating Code of Civil Procedure (Part 20: Chapter VIII "Complex Litigation III ")
2021.10.01
The Intellectually Stimulating Code of Civil Procedure (Part 19: Chapter VIII "Complex Litigation II")
2021.09.01
The Intellectually Stimulating Code of Civil Procedure (Part 18: Chapter VIII "Complex Litigation I")
2021.08.01
The Intellectually Stimulating Code of Civil Procedure (Part 17: Chapter VII "Conclusion of Litigation without Judgement")
2021.07.01
The Intellectually Stimulating Code of Civil Procedure (Part 16: Chapter VI "Judgement IV")
2021.06.01
The Intellectually Stimulating Code of Civil Procedure (Part 15: Chapter VI "Judgement III")
2021.05.01
The Intellectually Stimulating Code of Civil Procedure (Part 14: Chapter VI "Judgement II")
2021.04.01
The Intellectually Stimulating Code of Civil Procedure (Part 13: Chapter VI "Judgement I")
2021.03.01
The Intellectually Stimulating Code of Civil Procedure (Part 12: Chapter V "Evidence III")
2021.02.01
The Intellectually Stimulating Code of Civil Procedure (Part 11: Chapter V "Evidence II")
2021.01.01
The Intellectually Stimulating Code of Civil Procedure (Part 10: Chapter V "Evidence I")
2020.12.01
The Intellectually Stimulating Code of CivilProcedure (Part 9: Chapter IV "TrialIII")
2020.11.01
The Intellectually Stimulating Code of Civil Procedure (Part 8: Chapter IV "Trial II")
2020.10.01
The Intellectually Stimulating Code of CivilProcedure (Part 7: Chapter IV "TrialI")
2020.09.01
The Intellectually Stimulating Code of Civil Procedure(Part 6: Chapter III "Requirementsfor Litigation II")
2020.08.01
The Intellectually Stimulating Code of Civil Procedure (Part 5: Chapter III "Requirements for Litigation I")
2020.07.01
The Intellectually Stimulating Code of Civil Procedure (Part 4: Chapter II "Actions II" )
2020.06.01
The Intellectually Stimulating Code of Civil Procedure (Part 3: ChapterII "Actions I" )
2020.05.01
The Intellectually Stimulating Code of Civil Procedure (Part 2: Chapter I "The Parties" )
2020.04.01
The Intellectually Stimulating Code of Civil Procedure (Part 1. Introduction)
2018.02.25
Satisfaction of Requirements to Qualify as a "Material Piece of Confidential Information about the Private Life" or a "Trade Secret" in connection with Restrictions on Inspection to Protect Confidential Information
2018.01.31
Theory and Actual Practice of Civil Litigation
2018.01.25
Book Review "A Practice Forum for the Actual Practice of Bankruptcy"
2014.11.01
Various Issues on Information Disclosure in Bankruptcy Proceedings
2013.06.01
Market Value Issues in Corporate Reorganizations
2011.09.01
The Ideal of Participation by Technical Advisors – Theoretical Considerations and Introduction of a Participation Model–
2011.05.01
Legal Review of ‘Impact on the Practice on Warranty Against Defects at Auctions by the Claims Law Revision’
2010.12.06
Civil Rehabilitation Act: Articles 5, 6, 7, 94, 95 & 96
2009.12.18
Operation and Forms of Bankruptcy Trustee Procedures’ New Edition
2009.10.01
Transition Between Bankruptcy Procedures
2009.09.01
Current Situations and Issues in Construction & Conciliation Matters at the Osaka District Court
2009.03.31
Current Situations and Issues in Business Reconstruction-type Bankruptcy Procedures by the Court
2008.12.20
Q&A on the Bankruptcy & Rehabilitation of Individuals
2008.09.01
Outline of Bankruptcy Proceedings at the Osaka District Court
2008.02.01
Review and Prospects of Reconstruction-type Bankruptcy Procedures by the Court in Corporate Bankruptcies
2007.11.05
Articles 111-116 of the Bankruptcy Act
2007.02.01
A Perspective of Kinyu-shoji: Theory and Practice in Legal Bankruptcy Procedures
2006.05.01
Situations and Issues at the Bankruptcy Department of the Osaka District Court
2006.03.18
Outline of the New Bankruptcy Act and the Practice of Court Execution Officers under the New Bankruptcy Act
2006.02.01
Q&A on the Civil Rehabilitation New Edition
2005.09.15
A Perspective of Kinyu-shoji: Changes in the Processing of Non-performing Loans from the View of Court Execution and Bankruptcy Procedures
2005.05.10
Conflicts and Transitions of Legal Bankruptcy Procedures (The Reconstruction-type and the Liquidation-type)
2004.11.20
Outline of Civil Rehabilitation Procedures: The Osaka District Court
2004.11.20
Outline of Corporate Reorganization Procedures: The Osaka District Court
2004.10.01
A Perspective of Kinyu-shoji: At the Scene of Reconstruction-type Procedures
2004.05.01
Proposals to the Special Liquidation Procedure Revisions based on the Practice at the Osaka District Court
2004.04.05
Significance of Property Evaluation and the Reference Format in Civil Rehabilitation Cases
2004.03.15
On the Reference Format for Property Evaluations in Civil Rehabilitation Cases
2004.02.02
Updated Case Studies on the Rehabilitation of Individuals
2003.12.15
A Perspective of Kinyu-shoji: In the Practice of Execution and Bankruptcy
2003.12.10
Corporate Reorganizations - New Practices at the Osaka District Court “Theory and Practice of the New Corporate Reorganization Act,”
2001.07.15
Current Situations and Issues in Civil Execution Cases Handled by the Osaka District Court (Main Building)
2000.12.20
To Secure the Effectiveness of Civil Execution
2000.09.10
Overview of Civil Executions Handled by the Osaka District Court (Main Building)
1991.03.31
Studies on the Preservation of Evidence

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Other publications about Restructuring, Rehabilitation, and Insolvency

2024.04.01
Beware of “Tricky Traps” that Exploit Knowledge of the Civil Execution Act, the Civil Provisional Remedies Act, and Insolvency Laws
2024.03.22
Restructuring and Withdrawal of Chinese Subsidiaries (4) - Restructuring (iii) Company Split and Business Transfer
2024.02.22
Restructuring and Withdrawal of Chinese Subsidiaries (3) - Restructuring (ii) Administration Services Company
2024.01.24
Restructuring and Withdrawal of Chinese Subsidiaries (2) - Restructuring (i) Merger
2023.12.26
Restructuring and Withdrawal of Chinese Subsidiaries (1) - Introduction
2022.06.14
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
2022.05.09
Guidelines Concerning Business Revitalization, etc. of Small and Medium Enterprises (2) - Out-of-Court Restructuring Proceedings
2022.03.03
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
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
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 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
2016.10.01
GRR The Asia-Pacific Restructuring Review 2017 - Japan Overview
2012.04.01
Panel Discussion: “Bankruptcy and Offset”

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