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.
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

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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