Corporate Rehabilitation Study Series No. 23: Utilization of Creditor Petitions

Authors： Tomohiro Kitano So Miyamoto

Edited by Japanese Association for Business Recovery, the Study Group for Creditor Petitions for Statutory Debt Restructuring


Magazine/Book：Corporate Rehabilitation Study Series No. 23: Utilization of Creditor Petitions
Publisher：SHOJIHOMU Co., Ltd.
Practice： Restructuring, Rehabilitation, and Insolvency
Date of publication： March 21, 2025

Other publications by Tomohiro Kitano

2023.01.31
Signs of the Introduction of a Majority Vote-based Out-of-Court Liquidation Procedure – The Direction of New Legislation for Business Restructuring -
2022.05.09
Guidelines Concerning Business Revitalization, etc. of Small and Medium Enterprises (2) - Out-of-Court Restructuring Proceedings
2021.09.14
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
2020.08.11
Various Issues Anticipated in Business Restructuring Cases after the Novel Coronavirus Pandemic
2019.11.12
General Description of Business Revitalization ADR Procedures
2019.06.11
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.
2018.07.10
Provisions on Points to Consider for Commercial Receivables in ADR Procedures for Business Revitalization – Amendment of the Act on Strengthening Industrial Competitiveness
2018.05.01
Learning about the Amendment to Laws on Obligations through Case Studies
2015.12.15
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
150 Discussion Topics on the Amendments of the Insolvency Law

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Other publications by So Miyamoto

2026.03.10
Sports Arbitration Cases at the JSAA and CAS – From Basics to Recent Issues
2026.03.10
Collection and Utilization of Digital Data (as Evidence) and Proper Corporate Conduct (2)
2026.03.10
Collection and Utilization of Digital Data (as Evidence) and Proper Corporate Conduct (1)
2025.06.30
Points to Note in Handling Management Guarantees in M&A Transactions involving Small and Medium-sized Enterprises – Based on the Guidelines for M&A Transactions involving Small and Medium-sized Enterprises (3rd Edition) -
2025.03.20
The Encyclopedia of Sport Sociology
2024.01.12
Sports Arbitration Costs and Legal Aid
2023.06.23
100 Sports Arbitration Cases by Category - Points Determined in Arbitral Awards and Guidelines for Sport Dispute Resolution Practice -
2023.04.25
Salary Factoring and Application of the Money Lending Business Act (Assignment of Claims or Loan) - The Supreme Court Case dated February 20, 2023-
2023.03.31
150 Q&As on the Practice of Personal Insolvency Arrangements pursuant to the Guideline (Legal Practice Q&A Series of Zentoh Net)
2022.11.08
“Department of Bankruptcy and Restructuring” of the Tokyo District Court and the Business Court
2022.05.10
Arbitration Case of the Court of Arbitration for Sport (CAS): Whether to Grant Provisional Measures for Russia’s Participation in the Qualifying Round of the Football World Cup - FUR v. FIFA etc.
2022.03.15
The Court of Arbitration for Sport (CAS) Case Reports at Beijing 2022 Winter Olympic Games – Topics ranging from a Summary of CAS Olympic Arbitrations to Ms. Valieva’s Case
2022.03.04
The Court of Arbitration for Sport (CAS) Case Reports at Beijing 2022 Winter Olympic Games – Topics ranging from a Summary of CAS Olympic Arbitrations to Ms. Valieva’s Case
2022.02.01
Case Report on the First Case Filed with the Court of Arbitration for Sports (CAS) for the Tokyo Olympic Games - Jennifer Harding-Marlin v. SKNOC & FINA
2021.12.23
Olympic-related Sports Dispute Resolution
2021.12.14
Serial Article: (Final) – Corporate Reorganization
2021.10.12
Serial Article: Trends in Bankruptcy Cases during the Novel Coronavirus Pandemic (3) - Out-of-Court Restructuring (SME Revitalization Support Council/Business Restructuring ADR
2021.09.14
Serial Article: Trends in Bankruptcy Cases during the Novel Coronavirus Pandemic (2) - Bankruptcy -
2021.09.14
The Amendment to the Act on Strengthening Industrial Competitiveness and Business Restructuring ADR and Assignment of Claims
2021.08.10
Serial Article: Trends in Bankruptcy Cases during the Novel Coronavirus Pandemic (1) - Civil Rehabilitation
2021.07.30
Explanation of the Main Points: Revised Industrial Competitiveness Enhancement Act (2) - Focus on Venture Support, Business Restructuring and Business Rehabilitation
2021.07.28
Explanation of the Main Points: Revised Industrial Competitiveness Enhancement Act (1) - Focus on Regulatory Reform and Virtual-only General Meetings of Shareholders
2021.07.01
A Handbook for Small and Medium-Sized Enterprises of Civil Rehabilitation Proceedings
2020.12.21
Regulation of Continuous Transactions by Foreign Companies in Japan
2020.10.13
The Last Resort in Civil Rehabilitation Proceedings – When the Management Loses its Right of Management by Administration Order
2020.06.17
【Special Series on COVID-19】Contractual Issues Arising from the Coronavirus Pandemic and the Force Majeure Clause under Japanese Law
2020.04.10
Support and Credit Management for Companies in Financial Difficulty Due to the COVID-19 Pandemic
2020.04.09
Handling of COVID-19 Issues and Defaults Therefrom - Points that Determine the Application of Force Majeure Clauses and the Impact of the Revised Civil Code
2019.12.10
Latest Trends in Chapter 11 Filings in the United States - Barneys -
2019.04.09
Business Reorganization in Canada ⸺ Based on a Recent Case Regarding a Subsidiary of a Japanese Company
2018.11.01
Small Practices and Consumer Debt Issues-Japan
2018.10.10
Insolvency Practice in China - Subsidiaries in China and utilization of bankruptcy proceedings
2017.12.18
Amended Guidelines on Distribution Systems and Business Practices
2015.04.03
Case of a Payment Plan Incorporating the Non-Guarantee Debt of a Guarantor under the “Guidelines for Personal Guarantees Provided by Business Owners,” which was Agreed upon by the Parties Without Going through the Out-of-Court Workout Procedures under the Relevant Regulations
2014.08.02
Expediting Business Rehabilitation, Chapter 2: Measures and Problems in Expediting Corporate Reorganization Proceedings
2014.03.15
The Story of Elpida, Chapter 1: The So-Called ‘Dip-Style’ Corporate Reorganization Proceedings Used by Elpida Memory – Looking Back at the Largest-Ever Reorganization Legal Proceedings of the Manufacturing Industry
2012.01.05
The Handling of Defined Benefit Corporate Pensions in Corporate Reorganization Proceedings
2011.06.15
Review of the Dip-Style Corporate Reorganization Proceedings of Spansion Japan - Chapter (5) Concerning Defined Benefit Pension Plans Under Corporate Reorganization Proceedings
2010.01.05
Feature Article - New Development in the Area of International (Overseas/Parallel) Bankruptcy: Simultaneous Reorganization of the U.S. Parent Company and its Japanese Subsidiaries - Business Transfers Outside of Corporate Reorganization Plans and ‘Article 363 Sales’ in the cases of ATJ, AJH and ATI

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Other publications about Restructuring, Rehabilitation, and Insolvency

2026.01.30
6500 Legal Measures for Financial Institutions
2026.01.09
Enactment of the Early Business Recovery Act - Establishment of Out-of-Court Reorganization Proceedings Based on the Principle of Majority Rule -
2025.08.05
U.S. Bankruptcy Proceedings (5): License Agreements (Intellectual Property Rights)
2025.08.05
U.S. Bankruptcy Proceedings (4): Support by Sponsors (Section 363 Sales)
2025.08.05
U.S. Bankruptcy Proceedings (3): First Day Motions
2025.08.05
U.S. Bankruptcy Proceedings (2): Measures that May be Taken by Creditors in Transactions
2025.08.05
U.S. Bankruptcy Proceedings (1): Effects of the Automatic Stay and Related Practical Considerations
2025.06.23
Overview and Practical Implication of the Act on Contract for Mortgage by Transfer and Retention of Title
2025.03.28
Learning through Stories: Actual Practice of Business Transfer in Bankruptcy Case
2025.03.21
Corporate Rehabilitation Study Series No. 23: Utilization of Creditor Petitions
2024.11.28
Recent Developments Concerning Bankruptcy in China
2024.05.24
Restructuring and Withdrawal of Chinese Subsidiaries (6)- Withdrawal (ii) Dissolution, Liquidation and Bankruptcy
2024.04.24
Restructuring and Withdrawal of Chinese Subsidiaries (5)- Withdrawal (i) Share Assingment
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
2023.04.05
[Series] Utilization of Business Transfer in Bankruptcy Cases (8th): Looking Back at the Series
2023.01.05
[Series] Utilization of Business Transfer in Bankruptcy Cases (7th): How to Handle Cases Where Assets to be Transferred Include Collateral and Leased Poperty (2)
2022.10.05
[Series] Utilization of Business Transfer in Bankruptcy Cases (6th): How to Handle Cases Where Assets to be Transferred Include Collateral and Leased Property
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
2022.01.05
[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
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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