No. 20577
Promulgation Date 2024-12-20
Ministry of Justice
ALL
PART I GENERAL PROVISIONS
Article 1 (Purpose)
Article 2 (Status of foreigners and foreign corporations)
Article 3 (Jurisdiction)
Article 4 (Transfer aimed at avoiding damage or delay)
Article 5 (Cooperation among courts)
Article 6 (Declaration of bankruptcy following discontinuation of rehabilitation procedures)
Article 7 (Priority claims where bankruptcy procedures continue)
Article 8 (Service)
Article 9 (Public announcement)
Article 10 (Public announcement in lieu of service)
Article 11 (Cases where both public announcement and service are required)
Article 12 (Optional argument and ex officio inspection)
Article 13 (Immediate appeal)
Article 14 (Methods of raising objection)
Article 15 (Establishment of Custodial Committee)
Article 16 (Composition of Custodial Committee)
Article 17 (Work and authority of Custodial Committee)
Article 18 (Delegation of clerical services involving permission to members of Custodial Committee)
Article 19 (Raising of objection to acts by members of Custodial Committee)
Article 19-2 (Publication of reports and reporting to Standing Committees of National Assembly)
Article 20 (Composition of creditors' consultative council)
Article 21 (Function of creditors' consultative council)
Article 22 (Provision of materials to creditors' consultative council)
Article 22-2 (Right of lenders of new funds to propose opinions and provision of materials thereon)
Article 23 (Commission of registers of corporations)
Article 24 (Commission of registering registered rights)
Article 25 (Duties of registry offices)
Article 26 (Register of avoidance)
Article 27 (Application mutatis mutandis of registered rights)
Article 28 (Perusal of case records)
Article 29 (Inquiry about property of debtor)
Article 30 (Remunerations of custodians)
Article 31 (Compensation for proxy commissioners)
Article 32 (Interruption of prescription)
Article 32-2 (Prohibition of discriminatory treatment)
Article 33 (Application mutatis mutandis of the Civil Procedure Act and the Civil Execution Act)
PART II REHABILITATION PROCEDURES
CHAPTER I COMMENCEMENT OF REHABILITATION PROCEDURES
SECTION 1 Application for Commencement of Rehabilitation Procedures
SECTION 1 Application for Commencement of Rehabilitation Procedures
Article 34 (Application filed for commencing rehabilitation procedures)
Article 35 (Obligation to file petition for bankruptcy and application for commencement of rehabilitation procedures)
Article 36 (Written petition)
Article 37 (Keeping of documents)
Article 38 (Explanations)
Article 39 (Prepayment of expenses)
Article 39-2 (Court supervision over progress of rehabilitation procedures)
Article 40 (Notifications to supervisory administrative agency)
Article 41 (Questioning)
Article 42 (Grounds for dismissing application filed for commencing rehabilitation procedures)
Article 43 (Provisional seizure, preliminary injunction and other preservative measures)
Article 44 (Stay of other procedures)
Article 45 (General order given to prohibit compulsory execution based on rehabilitation claims and rehabilitation security rights)
Article 46 (Public announcement and service of general prohibition order)
Article 47 (Exclusion of application of general prohibition order)
Article 48 (Restrictions on withdrawal of application for commencement of rehabilitation procedures)
SECTION 2 Decision on Commencement of Rehabilitation Procedures
Article 49 (Decision on commencement of rehabilitation procedures)
Article 50 (Matters that must be prescribed when decision made on commencement of rehabilitation procedures)
Article 51 (Public announcement of commencement of rehabilitation procedures and service of documents)
Article 52 (Notification of commencement of rehabilitation procedures)
Article 53 (Immediate appeal filed against determination on application for commencement of rehabilitation procedures)
Article 54 (Cancellation of decision on commencement of rehabilitation procedures)
Article 55 (Capital reduction after commencement of rehabilitation procedures)
Article 56 (Management of business and properties after commencement of rehabilitation procedures)
Article 57 (Furnishing of information)
Article 58 (Suspension of other procedures)
Article 59 (Suspension of litigation procedures)
Article 60 (Transfer)
Article 61 (Acts requiring court permission)
Article 62 (Transfer of business)
Article 63 (Service of decision on permission to transfer business of stock company)
Article 64 (Act of debtor after commencement of rehabilitation procedures)
Article 65 (Acquisition of right after commencement of rehabilitation procedures)
Article 66 (Register and registration after commencement of rehabilitation procedures)
Article 67 (Repayment made to debtor after commencement of rehabilitation procedures)
Article 68 (Presumption of good faith or bad faith)
Article 69 (Co-ownership relationship)
Article 70 (Repossession rights)
Article 71 (Repossession of sold goods in transit)
Article 72 (Repossession rights of commission agents)
Article 73 (Alternative repossession rights)
CHAPTER II INSTITUTIONS IN CHARGE OF REHABILITATION PROCEDURES
SECTION 1 Custodians
SECTION 1 Custodians
Article 74 (Selection and appointment of custodians)
Article 75 (Performance of duties by multiple custodians)
Article 76 (Acting custodians)
Article 77 (Advisers)
Article 78 (Standing to sue)
Article 79 (Inspection by custodians)
Article 80 (Management of mails and cessation of their management)
Article 81 (Supervision of custodians)
Article 82 (Obligations of custodians)
Article 83 (Resignation and dismissal of custodians)
Article 84 (Duty to report upon completion of duties)
SECTION 2 Protective Custodians
Article 85 (Authority of protective custodians)
Article 86 (Mutatis mutandis application of provisions governing custodians)
SECTION 3 Inspectors
Article 87 (Inspectors)
Article 88 (Mutatis mutandis application of provisions governing inspectors)
CHAPTER III INSPECTION AND SECURING OF DEBTOR'S PROPERTIES
SECTION 1 Inspection on Current Status of Debtor's Properties
SECTION 1 Inspection on Current Status of Debtor's Properties
Article 89 (Management of debtor's business and property)
Article 90 (Appraisal of property value)
Article 91 (Preparation of properties list and balance sheet)
Article 92 (Inspection and report by custodians)
Article 93 (Other reports)
Article 94 (Appraisal of fixed properties used for business)
Article 95 (Keeping of documents)
Article 96 (Suspension of business)
Article 97 (Means to keep properties)
Article 98 (Assembly of related persons for custodian’s report)
Article 98-2 (Explanatory meeting for interested persons)
Article 99 (Court's hearing of opinions)
SECTION 2 Avoidance Power
Article 100 (Avoidable acts)
Article 101 (Special rules governing acts performed with specially related persons as other parties)
Article 102 (Exception of payment of promissory notes)
Article 103 (Requirements for establishing alteration of rights or avoidance of requirements for counter)
Article 104 (Avoidance of act of execution)
Article 105 (Means of exercising avoidance power)
Article 106 (Claims filed for avoidance)
Article 107 (Lawsuit objecting to decision to cite claim for avoidance)
Article 108 (Effect of exercise of avoidance power)
Article 109 (Restoration of claim of other party)
Article 110 (Avoidance power on subsequent purchasers)
Article 111 (Restrictions on avoidance on grounds of awareness of payment suspension)
Article 112 (Period during which avoidance power is exercised)
Article 113 (Interruption of revocation litigation filed by creditors)
Article 113-2 (Special rules concerning avoidance of act of trust)
SECTION 3 Responsibilities of Corporate Directors
Article 114 (Preservative measures on properties of corporate directors)
Article 115 (Judgment in claim allowance proceedings on right to seek damages)
Article 116 (Lawsuit filed for objection)
Article 117 (Effect of judgment in claim allowance proceedings)
CHAPTER IV REHABILITATION CREDITORS, REHABILITATION SECURED CREDITORS, SHAREHOLDERS AND EQUITY RIGHT HOLDERS
SECTION 1 Rights of Rehabilitation Creditors, Rehabilitation Secured Creditors, Shareholders and Equity Right Holders
SECTION 1 Rights of Rehabilitation Creditors, Rehabilitation Secured Creditors, Shareholders and Equity Right Holders
Article 118 (Rehabilitation claims)
Article 119 (Options concerning bilateral contract unfulfilled by both parties)
Article 120 (Special rules concerning payment and settlement system)
Article 121 (Cancellation and termination of bilateral contracts unfulfilled by both parties)
Article 122 (Bilateral contract aimed at continued payments)
Article 123 (Takeover of bills of exchange after commencement)
Article 124 (Lease agreements)
Article 125 (Mutual accounting)
Article 126 (Where debtor is jointly and severally liable for an obligation with other persons)
Article 127 (Obligations for guarantee borne by debtor)
Article 128 (Participation in rehabilitation procedures for persons who hold unlimited liabilities for corporation's obligations where rehabilitation procedures commence)
Article 129 (Participation in rehabilitation procedures by persons who hold limited liabilities for corporation's obligations where rehabilitation procedures commence)
Article 130 (In cases of partial guarantee)
Article 131 (Prohibition on repayment of rehabilitation claims)
Article 132 (Permission to repay rehabilitation claims)
Article 133 (Rights of rehabilitation creditors)
Article 134 (Interest-free claim with time limit)
Article 135 (Claim for money payable by periodic installments)
Article 136 (Interest-free claims of indefinite time limit)
Article 137 (Non-monetary claims)
Article 138 (Conditional claims and future claims)
Article 139 (Calculation of period for preferential rights)
Article 140 (Reduction of and exemption from fines and taxes)
Article 141 (Rights of rehabilitation secured creditors)
Article 142 (Proxy commissioners)
Article 143 (Trustee companies)
Article 144 (Offset right)
Article 145 (Prohibition on offset)
Article 146 (Rights of shareholders and equity right holders)
SECTION 2 Preparation of List of Rehabilitation Creditors, Rehabilitation Secured Creditors, Shareholders, and Equity Right Holders and Reporting thereof
Article 147 (List of rehabilitation creditors, rehabilitation secured creditors, and shareholders and equity right holders)
Article 148 (Report on rehabilitation claims)
Article 149 (Report on rehabilitation security rights)
Article 150 (Report on shares and equity shares)
Article 151 (Legal fiction of reporting)
Article 152 (Supplementation after report)
Article 153 (Report on rehabilitation claims after lapse of reporting period)
Article 154 (Change of names)
Article 155 (Additional report on shares and equity shares)
Article 156 (Report on fines and taxes)
Article 157 (Dissatisfaction with fine prior to commencement of rehabilitation procedures)
SECTION 3 Inspection and Confirmation of Rehabilitation Claims and Rehabilitation Security Rights
Article 158 (Table of rehabilitation creditors, rehabilitation secured creditors and shareholders and equity right holders)
Article 159 (Delivery of certified copies)
Article 160 (Perusal of documents during inspection period)
Article 161 (Objections raised to rehabilitation claims and rehabilitation security rights)
Article 162 (Inspection of rehabilitation claims and rehabilitation security rights reported after reporting period)
Article 163 (Service of notification of special inspection date)
Article 164 (Presence of persons concerned)
Article 165 (Presence of custodians)
Article 166 (Allowance of rehabilitation claims and rehabilitation security rights)
Article 167 (Register on table of rehabilitation creditors and table of rehabilitation secured creditors)
Article 168 (Effect of entries)
Article 169 (Notification of objection)
Article 170 (Judgment in claim allowance proceedings for rehabilitation claims and rehabilitation security rights)
Article 171 (Lawsuit objecting to judgment in claim allowance proceedings)
Article 172 (Taking over lawsuit involving disputed claims)
Article 173 (Restrictions on assertions)
Article 174 (Objections raised to claims with title of execution)
Article 175 (Record of result of judgment in claim allowance proceedings on allowing rehabilitation claims and rehabilitation security rights)
Article 176 (Effect of judgment in lawsuit filed for confirmation of rehabilitation claims and rehabilitation security rights)
Article 177 (Refund of litigation costs)
Article 178 (Value of subject matter of lawsuit filed for confirmation of rehabilitation claims or rehabilitation security rights)
SECTION 4 Priority Claims and Other Claims after Rehabilitation Procedures Commence
Article 179 (Claims constituting priority claims)
Article 180 (Repayment of priority claims)
Article 181 (Other claims after commencement)
CHAPTER V Assembly of Related Persons
Article 182 (Notification of date)
Article 183 (Notification of date)
Article 184 (Presiding over by court)
Article 185 (Public announcement of date and purposes)
Article 186 (Combination of date for assembly of related persons and special inspection date)
Article 187 (Objection to voting rights)
Article 188 (Exercise of voting rights)
Article 189 (Split voting)
Article 190 (Exclusion of unjust voting right holders)
Article 191 (Persons prohibited from exercising his or her voting rights)
Article 192 (Vote by proxy)
CHAPTER VI REHABILITATION PLAN
SECTION 1 Contents of Rehabilitation Plan
Article 193 (Contents of rehabilitation plan)
Article 194 (Rights of rehabilitation creditors)
Article 195 (Deadline for obligations)
Article 196 (Furnishing of security and bearing of obligations)
Article 197 (Unconfirmed rehabilitation claims)
Article 198 (Repaid rehabilitation claims)
Article 199 (Priority claims)
Article 200 (Transfer of business or properties)
Article 201 (Rights on which dispute is not settled)
Article 202 (Amendment to articles of incorporation)
Article 203 (Change in directors)
Article 204 (Matters concerning appointment of directors)
Article 205 (Capital reductions of stock companies or limited-liability companies)
Article 206 (Issuance of new shares by stock companies and limited-liability companies)
Article 207 (All-inclusive share swap of stock companies)
Article 208 (Comprehensive transfer of shares of stock companies)
Article 209 (Issuance of bonds by stock companies)
Article 210 (Mergers of stock companies)
Article 211 (Consolidation of companies)
Article 212 (Splits of stock companies)
Article 213 (Merger after divestiture of stock companies)
Article 214 (Physical division of stock companies)
Article 215 (Incorporation of new company by stock companies or limited-liability companies)
Article 216 (Dissolution)
Article 217 (Fair and equitable differentiation)
Article 218 (Principle of equity)
Article 219 (Invalidation of preferential benefits)
SECTION 2 Submission of Rehabilitation Proposal
Article 220 (Submission of rehabilitation proposal)
Article 221 (Submission of rehabilitation proposal by rehabilitation creditors)
Article 222 (Rehabilitation proposal whose details aim for liquidation or business transfer)
Article 223 (Prior submission of rehabilitation proposal)
Article 224 (Assembly of related persons held to review rehabilitation proposal)
Article 225 (Hearing of opinions with respect to rehabilitation proposal)
Article 226 (Opinions of supervisory administrative agencies)
Article 227 (Opinions of debtor's union)
Article 228 (Revision of rehabilitation proposals)
Article 229 (Order given to revise rehabilitation proposals)
Article 230 (Resumption of assembly of related persons)
Article 231 (Exclusion of rehabilitation proposal)
Article 231-2 (Exceptional provisions concerning preclusion of rehabilitation proposal)
Article 232 (Assembly of related persons called to resolve on rehabilitation proposal)
Article 233 (Presence of persons who bear obligations for rehabilitation)
Article 234 (Amendment to rehabilitation proposal)
SECTION 3 Resolution on Rehabilitation Proposal
Article 235 (Timing of resolution)
Article 236 (Methods of resolution and categorization of rehabilitation creditors)
Article 237 (Requirements for adoption)
Article 238 (Designation of hearing continuation date)
Article 239 (Timing of resolution)
Article 240 (Resolutions in writing)
Article 241 (Survival of corporation if rehabilitation proposal adopted)
SECTION 4 Authorization of Rehabilitation Plans
Article 242 (Whether or not to grant authorization of rehabilitation plans)
Article 242-2 (Authorization or non-authorization of rehabilitation plans when they have undergone a written resolution)
Article 243 (Requirements for authorizing rehabilitation plans)
Article 243-2 (Non-authorization of rehabilitation plan)
Article 244 (Authorization in cases of group in disagreement)
Article 245 (Declaration of determination on whether to grant authorization of rehabilitation plan)
Article 246 (Timing when rehabilitation plans take effect)
Article 247 (Appeal)
Article 248 (Where decision not to grant authorization for rehabilitation plan becomes final and conclusive)
Article 249 (Entries in table of rehabilitation creditors)
Article 250 (Scope of effect of rehabilitation plan)
Article 251 (Immunity of rehabilitation claims)
Article 252 (Alteration of rights)
Article 253 (Rights of rehabilitation creditors and rehabilitation secured creditors)
Article 254 (Rights of shareholders and equity right holders who are not reported)
Article 255 (Effect of entries in tables of rehabilitation creditors)
Article 256 (Invalidation of suspended procedures)
CHAPTER VII PROCEDURES AFTER REHABILITATION PLAN AUTHORIZED
Article 257 (Implementation of rehabilitation plan)
Article 258 (Court's order given to implement rehabilitation plan)
Article 259 (Inspection of debtor)
Article 260 (Exclusion from provisions of statutes and regulations governing resolutions of general meetings)
Article 261 (Special cases concerning business transfer)
Article 262 (Special cases concerning amendment to articles of incorporation)
Article 263 (Special cases concerning change in directors)
Article 264 (Special cases concerning decrease in capital)
Article 265 (Special cases concerning issuance of new shares without payment therefor)
Article 266 (Special cases concerning issuance of new shares for which payments are made)
Article 267 (Special cases concerning issuance of bonds without payments by stock companies)
Article 268 (Special cases concerning issuance of bonds with payments by stock companies)
Article 269 (Special cases concerning all-inclusive share swap of stock companies)
Article 270 (Special cases concerning comprehensive transfer of shares of stock companies)
Article 271 (Special cases concerning mergers and consolidations)
Article 272 (Special cases concerning merger or merger after divestiture)
Article 273 (Special cases concerning incorporations of new companies without new investments)
Article 274 (Other special cases concerning incorporation of new companies)
Article 275 (Special cases concerning dissolution)
Article 276 (Transfer of rights to underwrite shares)
Article 277 (Exclusion of application of the Financial Investment Services and Capital Markets Act)
Article 278 (Special cases concerning restrictions on disposal of factory assets)
Article 279 (Succession of rights by means of permission and authorization)
Article 280 (Succession to tax liabilities)
Article 281 (Severance pays)
Article 282 (Amendment to rehabilitation plan)
Article 283 (Discontinuation of rehabilitation procedures)
Article 284 (Prohibition on participation in corporate governance by directors)
CHAPTER VIII DISCONTINUATION OF REHABILITATION PROCEDURES
Article 285 Deleted.
Article 286 (Discontinuation before authorization granted for rehabilitation plan)
Article 287 (Discontinuation by application)
Article 288 (Discontinuation after authorization granted for rehabilitation plan)
Article 289 (Public announcement of discontinuation decision)
Article 290 (Appeal)
Article 291 (Repayment of priority claims)
Article 292 (Effect of entries in tables of rehabilitation creditors)
Article 293 (Provisions applicable mutatis mutandis)
CHAPTER IX SIMPLIFIED REHABILITATION PROCEDURES FOR SMALL OPERATING INCOME EARNERS
Article 293-2 (Definitions of terms)
Article 293-3 (Applicable provisions)
Article 293-4 (Application for commencement of simplified rehabilitation procedures)
Article 293-5 (Determination of commencement of rehabilitation procedures)
Article 293-6 (Non-appointment of custodian)
Article 293-7 (Simplified inspection commissioner)
Article 293-8 (Special cases concerning requirements for approval of rehabilitation proposal)
PART III BANKRUPTCY PROCEDURES
CHAPTER I COMMENCEMENT OF BANKRUPTCY PROCEDURES
SECTION 1 Petition for Bankruptcy
SECTION 1 Petition for Bankruptcy
Article 294 (Holders of right to file petition for bankruptcy)
Article 295 (Holders of rights to file petition for bankruptcy of corporation)
Article 296 (Petition for bankruptcy filed by directors)
Article 297 (Application mutatis mutandis to other corporations)
Article 298 (Petition for bankruptcy filed after corporation dissolution)
Article 299 (Holders of rights to file petition for bankruptcy on inherited estate)
Article 300 (Period in which petition for bankruptcy may be filed for inherited estate)
Article 301 (Where bankruptcy is declared overseas)
Article 302 (Written petition)
Article 303 (Prepayment of expenses for bankruptcy procedures)
Article 304 (Provisional payment of expenses for bankruptcy procedures)
SECTION 2 Declaration of Bankruptcy
Article 305 (Grounds for general bankruptcy)
Article 306 (Grounds for corporate bankruptcy)
Article 307 (Grounds for bankruptcy regarding inherited estate)
Article 308 (Inheritance after petition for bankruptcy or declaration of bankruptcy)
Article 309 (Grounds for dismissal)
Article 310 (Declaration of bankruptcy)
Article 311 (Time when bankruptcy takes effect)
Article 312 (Matters needed to be prescribed at declaration of bankruptcy)
Article 313 (Public announcement and service of declaration of bankruptcy)
Article 314 (Notification of corporate bankruptcy)
Article 315 (Notification to prosecutors)
Article 316 (Immediate appeal filed against judgment on petition for bankruptcy)
Article 317 (Declaration of bankruptcy and simultaneous discontinuation of bankruptcy)
Article 318 (Exception to simultaneous discontinuation of bankruptcy procedures)
Article 319 (Arrest of debtor declared bankrupt)
Article 320 (Arrest of legal representative of debtor who is declared bankrupt)
Article 321 (Debtor’s obligation to explain)
Article 322 (Arrest before declaration of bankruptcy)
Article 323 (Preservative measure before declaration of bankruptcy)
Article 324 (Order given to suspend limitation of liability procedures)
Article 325 (Public announcement and service of revocation of bankruptcy)
Article 326 (Suspension of bankruptcy procedures until decision to discontinue limitation of liability procedures becomes final and conclusive)
Article 327 (Measures in cases of discontinuation of limitation of liability procedures)
SECTION 3 Effect of Bankruptcy on Legal Acts
Article 328 (Dissolved corporations)
Article 329 (Legal act after debtor is declared bankrupt)
Article 330 (Acquisition of rights after declaration of bankruptcy)
Article 331 (Registration and register after bankruptcy declaration)
Article 332 (Repayment made to debtor after bankruptcy declaration)
Article 333 (Underwriting and paying bills after declaration of bankruptcy)
Article 334 (Presumption of good faith or bad faith)
Article 335 (Options concerning bilateral contract unfulfilled by both parties)
Article 336 (Special rules concerning payment and settlement system)
Article 337 (Cancellation and termination by trustee in bankruptcy and right of other parties)
Article 338 (Regular purchase and sale of marketable goods in exchange)
Article 339 (Where the Civil Act prescribes right to terminate or cancel)
Article 340 (Lease agreements)
Article 341 (Contract for work)
Article 342 (Delegation contracts)
Article 343 (Mutual accounting)
Article 344 (Bankruptcy of co-owners)
Article 345 (Management of spouse’s property)
Article 346 (Bankruptcy, qualified approval and property division)
Article 347 (Takeover of lawsuit involving properties belonging to bankruptcy estate)
Article 348 (Effects of compulsory execution and preservative measure)
Article 349 (Effect of disposition on delinquency)
Article 350 (Effect on administrative cases)
SECTION 4 Responsibilities of Corporate Directors
Article 351 (Preservative measures on properties of corporate directors)
Article 352 (Judgment in claim allowance proceedings on right to seek damages)
Article 353 (Lawsuit filed for objection)
Article 354 (Effect of judgment in claim allowance proceedings)
CHAPTER II INSTITUTIONS IN CHARGE OF BANKRUPTCY PROCEDURES
SECTION 1 Trustees in Bankruptcy
SECTION 1 Trustees in Bankruptcy
Article 355 (Appointment of trustees in bankruptcy)
Article 356 (Number of trustees in bankruptcy)
Article 357 (Qualification certificates)
Article 358 (Supervision of court)
Article 359 (Standing to sue)
Article 360 (Performance of duties by multiple trustees in bankruptcy)
Article 361 (Obligations of trustees in bankruptcy)
Article 362 (Agents for trustees in bankruptcy)
Article 363 (Resignation of trustee in bankruptcy)
Article 364 (Dismissal of trustee in bankruptcy)
Article 365 (Obligation to report accounting)
Article 366 (Emergency disposition upon completion of duties)
SECTION 2 Meeting of Creditors
Article 367 (Convocation)
Article 368 (Public announcement of date and agenda of meeting)
Article 369 (Presiding over by court)
Article 370 (Requirements for passing resolutions)
Article 371 (Split voting)
Article 372 (Vote by proxy)
Article 373 (The amount of claims over which voting rights can be exercised)
Article 374 (Effect in lieu of agreement of members of audit committee)
Article 375 (Prohibition on execution of resolution)
SECTION 3 Members of Audit Committee
Article 376 (Resolution on establishment of audit committee)
Article 377 (Qualifications for members of audit committee)
Article 378 (Methods of performing duties)
Article 379 (Performance of duties of members of audit committee)
Article 380 (Dismissal of members of audit committee)
Article 381 (Provisions applicable mutatis mutandis)
CHAPTER III COMPOSITION AND CONFIRMATION OF BANKRUPTCY ESTATE
SECTION 1 Composition of Bankruptcy Estate
SECTION 1 Composition of Bankruptcy Estate
Article 382 (Bankruptcy estate)
Article 383 (Properties not belonging to bankruptcy estate)
Article 384 (Authority to perform management and disposal)
Article 385 (Absolute acceptance after bankruptcy declaration)
Article 386 (Renunciation of inheritance after bankruptcy declaration)
Article 387 (Bankruptcy and general legacy)
Article 388 (Bankruptcy and specific legacy)
Article 389 (Insolvent estate)
Article 390 (Inheritor's disposal of properties)
SECTION 2 Avoidance Power
Article 391 (Avoidable acts)
Article 392 (Special rules governing acts performed with specially related persons as other parties)
Article 393 (Exception of payment on promissory notes)
Article 394 (Requirements for establishing alteration of rights or avoidance of requirements for counter)
Article 395 (Avoidance of act of execution)
Article 396 (Means of exercising avoidance power)
Article 397 (Effect of exercise of avoidance power)
Article 398 (Status of other party)
Article 399 (Restoration of claim of other party)
Article 400 (Avoidance power against insolvent estate)
Article 401 (Avoidance of repayment to person who takes legacy)
Article 402 (Repayment to other party of avoidance)
Article 403 (Avoidance power on subsequent purchasers)
Article 404 (Restrictions on avoidance on grounds of awareness of payment suspension)
Article 405 (Period during which avoidance power is exercised)
Article 406 (Interruption of revocation litigation filed by creditors)
Article 406-2 (Special rules concerning avoidance of act of trust)
SECTION 3 Repossession Rights
Article 407 (Repossession of properties not belonging to debtor)
Article 407-2 (Special rules concerning repossession rights in bankruptcy procedures for trustee)
Article 408 (Repossession of sold goods in transit)
Article 409 (Repossession rights of commission agents)
Article 410 (Alternative repossession rights)
SECTION 4 Right to Foreclose Outside Bankruptcy
Article 411 (Holders of right to foreclose outside bankruptcy)
Article 412 (Exercise of right to foreclose outside bankruptcy)
Article 413 (Exercise of bankruptcy claims by holders of right to foreclose outside bankruptcy)
Article 414 (Holders of quasi-right to foreclosure outside bankruptcy)
Article 415 (Residential lessees)
Article 415-2 (Wage creditors)
SECTION 5 Offset Right
Article 416 (Offset right)
Article 417 (Offset of claims and obligations subject to deadline and condition subsequent)
Article 418 (Offset of condition precedent claim and claim of future)
Article 419 (Offset of claim subject to condition subsequent)
Article 420 (Offset amount of automatic claims)
Article 421 (Offset of rents, security deposits and land rents)
Article 422 (Prohibition on offset)
CHAPTER IV BANKRUPTCY CLAIMS AND ESTATE CLAIMS
SECTION 1 Bankruptcy Claims
SECTION 1 Bankruptcy Claims
Article 423 (Bankruptcy claims)
Article 424 (Exercise of bankruptcy claims)
Article 425 (Arrival of repayment period for claims with maturity)
Article 426 (Amount of bankruptcy claim of non-monetary claims)
Article 427 (Bankruptcy claim sum of conditional claims)
Article 428 (Sum of bankruptcy claims where person liable to fulfill total amount of obligations declared bankrupt)
Article 429 (Amount of bankruptcy claim where guarantor declared bankrupt)
Article 430 (Persons holding rights to claim reimbursements in future)
Article 431 (Amount of bankruptcy claims when multiple persons stand as guarantees)
Article 432 (Bankruptcy of general partners)
Article 433 (Bankruptcy of limited partners)
Article 434 (Bankruptcy of inheritors)
Article 435 (Insolvent estate and insolvent inheritor)
Article 436 (Qualified acceptance of inheritors)
Article 437 (Claims of inheritors on predecessors)
Article 438 (Creditors of inheritor)
Article 439 (Expenses incurred from participation in bankruptcy procedures)
Article 440 (Equal repayments to persons on same order)
Article 441 (Priority bankruptcy claims)
Article 442 (Calculation of preferential right period)
Article 443 (Superiority of inheritance creditors)
Article 444 (Ranking of creditors where inheritor declared bankrupt)
Article 445 (Ranking of inherited estate and bankruptcy estate of inheritors)
Article 446 (Subordinate bankruptcy claims)
SECTION 2 Reporting and Inspection of Bankruptcy Claims
Article 447 (Means of reporting claims)
Article 448 (Preparation of table of bankruptcy creditors)
Article 449 (Maintaining table of bankruptcy creditors and documents concerning claim reports)
Article 450 (Inspection of claims)
Article 451 (Presence of persons concerned)
Article 452 (Presence of trustees in bankruptcy)
Article 453 (Inspection of claims reported after expiration of report period)
Article 454 (Changes prejudicing interests of bankruptcy creditors)
Article 455 (Report of claims after general date)
Article 456 (Public announcement and notification of special date)
Article 457 (Change in claim inspection date)
Article 458 (Confirmation of claims)
Article 459 (Entry of inspection results in table of bankruptcy creditors)
Article 460 (Effect of entry of confirmed claims in table of bankruptcy creditors on bankruptcy creditors)
Article 461 (Notification of objection to bankruptcy claims)
Article 462 (Judgment in claim allowance proceedings)
Article 463 (Lawsuit objecting to judgment in claim allowance proceedings)
Article 464 (Taking over lawsuit involving disputed claims)
Article 465 (Restrictions on grounds of claims)
Article 466 (Ways to raise objections to claims with title of execution)
Article 467 (Entry of results of bankruptcy claim allowance proceedings)
Article 468 (Effect of judgment in bankruptcy claim allowance proceedings)
Article 469 (Refund of litigation costs)
Article 470 (Value of subject matter of bankruptcy claim confirmation lawsuit)
Article 471 (Report on fines)
Article 472 (Administrative trial or administrative litigation)
SECTION 3 Estate Claims
Article 473 (Scope of estate claims)
Article 474 (Claim of encumbrance against encumbered legacy)
Article 475 (Repayment of estate claims)
Article 476 (Preferential repayments of estate claims)
Article 477 (Methods of reimbursement in cases of insufficient bankruptcy estate)
Article 478 (Mutatis mutandis application of provisions governing bankruptcy claims)
CHAPTER V MANAGEMENT, REALIZATION AND DISTRIBUTION
SECTION 1 Management and Realization of Bankruptcy Estate
Article 479 (Possession and management of bankruptcy estate)
Article 480 (Seal)
Article 481 (Closure of property books)
Article 482 (Appraisal of property's value)
Article 483 (Preparation of properties list and balance sheet)
Article 484 (Management of mails)
Article 485 (Cancellation of management of mails)
Article 486 (Continuation of business)
Article 487 (Means of safekeeping valuable goods)
Article 488 (Report on history of bankruptcy)
Article 489 (Matters on which meeting of creditors resolves)
Article 490 (Presentation of properties subject to right to foreclose outside bankruptcy)
Article 491 (Restrictions on timing of liquidation)
Article 492 (Acts requiring court permission)
Article 493 (Hearing of debtor's opinions)
Article 494 (Stay order issued by court)
Article 495 (Protection of bona fide third parties)
Article 496 (Means of realization)
Article 497 (Realization of goods subject to right to foreclose outside bankruptcy)
Article 498 (Designation of disposal period by holder of right to foreclose outside bankruptcy)
Article 499 (Report on current status by trustee in bankruptcy)
Article 500 (Claim for return of bailed goods)
Article 501 (Realization of corporate bankruptcy estate)
Article 502 (Claim for investments made by anonymous partners)
Article 503 (Inheritor's bankruptcy and disposal of inherited estate)
Article 504 (Provisions applicable mutatis mutandis)
SECTION 2 Distribution of Dividends
Article 505 (Timing of distributing dividends)
Article 506 (Permission required for distributing dividends)
Article 507 (Preparation of dividend table)
Article 508 (Submission of dividend tables)
Article 509 (Public announcement of amount of dividends)
Article 510 (Public announcement of discontinuation of distributing dividends)
Article 511 (Continuation of procedures for distributing dividends and public announcement thereof)
Article 512 (Exclusion of creditors and holders of rights to foreclose outside bankruptcy with objection to dividends)
Article 513 (Correction of dividend table)
Article 514 (Objection to dividend tables distribution statement)
Article 515 (Notification of decision on dividend rates)
Article 516 (Distribution of dividends to creditors subject to condition subsequent)
Article 517 (Means of distributing dividends)
Article 518 (Preferential distribution of dividends to persons excluded from previous distribution of dividends)
Article 519 (Bailment of proceeds of dividends)
Article 520 (Permission for final dividends)
Article 521 (Dividend exclusion period for final dividend)
Article 522 (Decision on amount of final dividend and notification thereof)
Article 523 (Exclusion of condition-precedent creditors)
Article 524 (Payments to creditors subject to condition subsequent)
Article 525 (Exclusion of holder of right to foreclose outside bankruptcy)
Article 526 (Distribution of bailment funds)
Article 527 (Correction of dividend table if new properties are found to exist)
Article 528 (Deposit of dividends)
Article 529 (Accounting report at meeting of creditors)
Article 530 (Decision and public announcement of bankruptcy termination)
Article 531 (Public notice of additional dividends and notification of dividend amount)
Article 532 (Standards for additional dividends)
Article 533 (Accounting report)
Article 534 (Estate creditors unknown to trustees in bankruptcy)
Article 535 (Effect on confirmed claims of debtor declared bankrupt and entered in table of bankruptcy creditors)
Article 536 (Application filed for restitution)
Article 537 (Residual inherited estate)
CHAPTER VI DISCONTINUATION OF BANKRUPTCY
Article 538 (Application filed for discontinuation of bankruptcy by way of agreement)
Article 539 (Application filed by corporation for discontinuing bankruptcy)
Article 540 (Application filed for discontinuing bankruptcy and corporate continuation)
Article 541 (Submission of written verification)
Article 542 (Public notice of applications for discontinuing bankruptcies and keeping of documents)
Article 543 (Objections raised by creditors)
Article 544 (Hearing of opinions of related persons)
Article 545 (Discontinuation of bankruptcy for lack of funding)
Article 546 (Public announcement of decision to discontinue bankruptcy)
Article 547 (Repayment and deposit of estate claims)
Article 548 (Provisions applicable mutatis mutandis)
CHAPTER VII SUMMARY BANKRUPTCY
Article 549 (Requirements for summary bankruptcy)
Article 550 (Decision on summary bankruptcy in course of bankruptcy procedures)
Article 551 (Cancellation of summary bankruptcy)
Article 552 (Combination of date of meeting of creditors and claim inspection date)
Article 553 (Non-appointment of members of audit committee)
Article 554 (Decision in lieu of resolution of meeting of creditors)
Article 555 (One-time distribution of dividends)
CHAPTER VIII IMMUNITY AND REINSTATEMENT
SECTION 1 Immunity
Article 556 (Application for immunity)
Article 557 (Suspension of compulsory execution)
Article 558 (Examination of debtor)
Article 559 (Grounds for dismissing application filed for immunity)
Article 560 (Inspection report by trustees in bankruptcy)
Article 561 (Keeping of documents concerning application for immunity)
Article 562 (Objection to application for immunity)
Article 563 (Hearing of opinion about objections)
Article 564 (Immunity granted)
Article 565 (Timing of effect of decision to grant immunity)
Article 566 (Effect of immunity)
Article 567 (Effect on guarantors)
Article 568 (Entry of decision to grant immunity)
Article 569 (Cancellation of immunity)
Article 570 (Hearing of opinions about revocation of immunity)
Article 571 (Timing for effect of decision to revoke immunity)
Article 572 (Preferential rights of new creditors)
Article 573 (Entry of decision to revoke immunity)
SECTION 2 Reinstatement
Article 574 (Obligatory reinstatement)
Article 575 (Reinstatement by application)
Article 576 (Public announcement of application for reinstatement)
Article 577 (Objection to application for reinstatement)
Article 578 (Timing of effect of decision on reinstatement)
CHAPTER IX SPECIAL RULES CONCERNING BANKRUPTCY OF LIMITED-LIABILITY TRUST PROPERTY
Article 578-2 (Scope of application)
Article 578-3 (Persons who have right to file petition for bankruptcy)
Article 578-4 (Grounds for bankruptcy)
Article 578-5 (Notification of bankruptcy of trust property)
Article 578-6 (Arrest of trustee or other persons with regard to trust declared bankrupt)
Article 578-7 (Duty of trustee of trust declared bankrupt to provide explanations)
Article 578-8 (Preservative measures before declaration of bankruptcy)
Article 578-9 (Preservative measures on property of trustee)
Article 578-10 (Judgment in claim allowance proceedings on right to seek damages against trustee)
Article 578-11 (Bankruptcy trustee)
Article 578-12 (Bankruptcy estate)
Article 578-13 (Avoidance in limited-liability trust)
Article 578-14 (Repossession rights under limited-liability trust)
Article 578-15 (Value of bankruptcy claims in cases of bankruptcy of trust property)
Article 578-16 (Order of priority of bankruptcy claims in cases of bankruptcy regarding trust property)
Article 578-17 (Special rules concerning discontinuation of bankruptcy)
PART IV INDIVIDUAL REHABILITATION PROCEDURES
CHAPTER I COMMON PROVISIONS
Article 579 (Definition of terms)
Article 580 (Individual rehabilitation estate)
Article 581 (Individual rehabilitation claims)
Article 582 (Repayment of individual rehabilitation claims)
Article 583 (Individual rehabilitation estate claims)
Article 584 (Avoidance power)
Article 585 (Repossession rights)
Article 586 (Right to foreclose outside bankruptcy)
Article 587 (Offset right)
CHAPTER II COMMENCEMENT OF INDIVIDUAL REHABILITATION PROCEDURES
Article 588 (Holder of right to file application for commencement of individual bankruptcy procedures)
Article 589 (Written application for commencement of individual rehabilitation procedure)
Article 589-2 (Modification of list of individual rehabilitation creditors)
Article 590 (Prepayment of expenses)
Article 591 (Report on accounting)
Article 592 (Preservative measure)
Article 593 (Stay order)
Article 594 (Withdrawal of application to commence individual rehabilitation procedures)
Article 595 (Grounds for dismissal of applications filed to commence individual rehabilitation procedures)
Article 596 (Decision to commence individual rehabilitation procedures)
Article 597 (Public announcement and delivery of commencement)
Article 598 (Immediate appeal filed against judgment on commencement of individual rehabilitation procedures)
Article 599 (Cancellation of decision to commence individual rehabilitation procedures)
Article 600 (Suspension of other procedures)
CHAPTER III REHABILITATION COMMISSIONERS
Article 601 (Appointment and dismissal)
Article 602 (Work of rehabilitation commissioners)
CHAPTER IV CONFIRMATION OF INDIVIDUAL REHABILITATION CLAMS
Article 603 (Confirmation of individual rehabilitation claims)
Article 604 (Judgment in claim allowance proceedings on individual rehabilitation claims)
Article 605 (Lawsuit objecting to judgment in claim allowance proceedings on individual rehabilitation claims)
Article 606 (Entry of result of appeal on confirmation of individual rehabilitation claims)
Article 607 (Effect of judgment in claim allowance proceedings on individual rehabilitation claims)
Article 608 (Refund of litigation costs)
Article 609 (Value of subject matter of claim allowance proceedings on individual rehabilitation claims)
Article 609-2 (Transfer of title)
CHAPTER V REPAYMENT PLAN
Article 610 (Submission and revision of draft repayment plan)
Article 611 (Contents of repayment plan)
Article 612 (Invalidation of preferential benefits)
Article 613 (Assembly of individual rehabilitation creditors)
Article 614 (Whether to authorize repayment plan)
Article 615 (Effect of authorizing repayment plan)
Article 616 (Special rules concerning assignment order)
Article 617 (Performance of repayments)
Article 617-2 (Deposit for debtors)
Article 618 (Immediate appeal against decision on whether to authorize repayment plan)
Article 619 (Revision of repayment plan after authorization thereof)
CHAPTER VI DISCONTINUATION AND IMMUNITY
Article 620 (Discontinuation of individual rehabilitation procedures prior to authorization of repayment plan)
Article 620 (Discontinuation of individual rehabilitation procedures after authorization of repayment plan)
Article 622 (Public announcement of decision to discontinue individual rehabilitation procedures)
Article 623 (Immediate appeal filed against discontinuation of individual rehabilitation procedures)
Article 624 (Immunity decision)
Article 625 (Effect of decision to grant immunity)
Article 626 (Cancellation of immunity)
Article 627 (Immediate appeal filed against decision on immunity)
PART V INTERNATIONAL BANKRUPTCY
Article 628 (Definitions)
Article 629 (Scope of application)
Article 630 (Jurisdiction)
Article 631 (Application filed for approving foreign bankruptcy procedures)
Article 632 (Decision to approve foreign bankruptcy procedures)
Article 633 (Effect of approval for foreign bankruptcy procedures)
Article 634 (Application by representative of foreign bankruptcy procedures for commencing domestic bankruptcy procedures)
Article 635 (Order prior to approval)
Article 636 (Support for foreign bankruptcy procedures)
Article 637 (International bankruptcy custodians)
Article 638 (Simultaneous proceedings of domestic bankruptcy procedures and international bankruptcy procedures)
Article 639 (Multiple international bankruptcy procedures)
Article 640 (Authority for custodians to carry out activities overseas)
Article 641 (Cooperation)
Article 642 (General rules governing dividends)
PART VI PENALTY PROVISIONS
Article 643 (Offense of fraudulent rehabilitation)
Article 644 (Offense of fraudulent rehabilitation committed by third person)
Article 644-2 (Exceptional provisions concerning crime of fraudulent rehabilitation)
Article 645 (Offense of rehabilitation bribery)
Article 646 (Offense of rehabilitation bribery)
Article 647 (Offense of violating prohibition on management participation)
Article 648 (Offense of performing act without permission)
Article 649 (Offense of refusing to make reports and refusing inspection)
Article 650 (Offense of fraudulent bankruptcy)
Article 651 (Offense of negligent bankruptcy)
Article 652 (Offense of fraudulent bankruptcy and negligence bankruptcy by person in certain position)
Article 653 Deleted.
Article 654 (Offense of fraudulent bankruptcy by third person)
Article 655 (Offense of bankruptcy bribery)
Article 656 (Offense of bankruptcy bribery)
Article 657 (Offense of using results of property inquiry for other purposes)
Article 658 (Offense of violation of duty to give explanation)
Article 659 (Overseas offense)
Article 660 (Administrative fines)
ADDENDA <Act No. 7428, Mar. 31, 2005>
ADDENDUM <Act No. 7892, Mar. 24, 2006>
ADDENDA <Act No. 7894, Mar. 24, 2006>
ADDENDA <Act No. 7895, Mar. 24, 2006>
ADDENDA <Act No. 8138, Dec. 30, 2006>
ADDENDA <Act No. 8635, Aug. 3, 2007>
ADDENDA <Act No. 8814, Dec. 27, 2007>
ADDENDA <Act No. 8829, Dec. 31, 2007>
ADDENDA <Act No. 8863, Feb. 29, 2008>
ADDENDA <Act No. 9346, Jan. 30, 2009>
ADDENDA <Act No. 9804, Oct. 21, 2009>
ADDENDA <Act No. 9924, Jan. 1, 2010>
ADDENDA <Act No. 9935, Jan. 22, 2010>
ADDENDA <Act No. 10219, Mar. 31, 2010>
ADDENDA <Act No. 10281, May 14, 2010>
ADDENDA <Act No. 10303, May 17, 2010>
ADDENDA <Act No. 10366, Jun. 10, 2010>
ADDENDA <Act No. 10682, May 19, 2011>
ADDENDA <Act No. 11828, May 28, 2013>
ADDENDA <Act No. 12153, Jan. 1, 2014>
ADDENDA <Act No. 12591, May 20, 2014>
ADDENDA <Act No. 12595, May 20, 2014>
ADDENDUM <Act No. 12783, Oct. 15, 2014>
ADDENDA <Act No. 12892, Dec. 30, 2014>
ADDENDA <Act No. 14177, May 29, 2016>
ADDENDA <Act No. 14472, Dec. 27, 2016>
ADDENDA <Act No. 14476, Dec. 27, 2016>
ADDENDA <Act No. 15158, Dec. 12, 2017>
ADDENDA <Act No. 16568, Aug. 27, 2019>
ADDENDA <Act No. 16652, Nov. 26, 2019>
ADDENDA <Act No. 16920, Feb. 4, 2020>
ADDENDUM <Act No. 17088, Mar. 24, 2020>
ADDENDA <Act No. 17364, Jun. 9, 2020>
ADDENDA <Act No. 17769, Dec. 29, 2020>
ADDENDA <Act No. 17799, Dec. 29, 2020>
ADDENDA <Act No. 18084, Apr. 20, 2021>
ADDENDA <Act No. 18652, Dec. 28, 2021>
ADDENDA <Act No. 19102, Dec. 27, 2022>
ADDENDA <Act No. 20264, Feb. 13, 2024>
ADDENDA <Act No. 20434, Sep. 20, 2024>
ADDENDA <Act No. 20577, Dec. 20, 2024>