Chapter IV Bankruptcy Claims (Articles 118 to 125)
The law as Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc. (Act No. 53 of 2023) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 118第百十八条
Investigations During Ordinary Periods for Investigation(一般調査期間における調査)
A holder of a filed bankruptcy claim may make an objection in writing to the court within an ordinary period for investigation with regard to the particulars stated in the items of paragraph (1) of the preceding Article concerning a bankruptcy claim prescribed in paragraph (1) or (2) of that Article.
The bankrupt may make an objection in writing to the court within an ordinary period for investigation with regard to the amount of the bankruptcy claim referred to in the preceding paragraph.
Article 118, paragraph (3)(一般調査期間における調査)(Investigations During Ordinary Periods for Investigation)Changed
When the court has made an order to change the ordinary period for investigation, it must serve the writtenelectronic judgment upon the bankruptcy trustee, the bankrupt, and holders of filed bankruptcy claims (prior to the expiration of the period for filing proofsnotifications of claims, the known bankruptcy creditors).
The delivery under the provisions of the preceding paragraph may be made by sending the necessary documents by ordinary mail or by correspondence delivery services prescribed in Article 2, paragraph (2) of the Act on Correspondence Delivery by Private Business Operators that are provided by a general correspondence delivery operator prescribed in paragraph (6) of that Article or a specified correspondence delivery service provider prescribed in paragraph (9) of that Article.
If a service has been made under the provisions of the preceding paragraph, the service is deemed to have been made at the time when the postal item, etc. sent should have normally reached the addressee.
The court must specify a period for conducting an investigation of the claim (referred to below as a "special period for investigation") with regard to a bankruptcy claim which is filed or for which a change is made to any filed particular after the period for filing notifications of claims has expired but before an ordinary period for investigation expires or an ordinary date of investigation ends; provided, however, that this does not apply if a bankruptcy trustee states their approval or disapproval of all or a part of the particulars stated in the items of paragraph (1) of that Article, or no objection is made by a bankruptcy trustee or any bankruptcy creditors against conducting an investigation on an ordinary date of investigation with regard to the bankruptcy claim in the statement of approval or disapproval submitted pursuant to the provisions of Article 117, paragraph (3).
The main clause of the preceding paragraph also applies to a bankruptcy claim which is filed under the provisions of Article 112, paragraph (1) or (3) or for which a change is made to any filed particular under the provisions of paragraph (1) of that Article as applied mutatis mutandis pursuant to paragraph (4) of that Article after the expiration of an ordinary period for investigation or the end of an ordinary date of investigation.
In the case referred to in the main clause of paragraph (1) or in the preceding paragraph, the expenses for the special period for investigation is borne by the person that holds the bankruptcy claim.
第一項本文又は前項の場合には、特別調査期間に関する費用は、当該破産債権を有する者の負担とする。
Article 119, paragraph (4)(特別調査期間における調査)
With regard to a bankruptcy claim to be investigated during the special period for investigation, a bankruptcy trustee must prepare a statement of approval or disapproval to state their approval or disapproval of the particulars stated in the items of Article 117, paragraph (1), and submit it to the court by the due date set by the court prior to the special period for investigation. In this case, the provisions of paragraph (4) of that Article apply mutatis mutandis.
A holder of a filed bankruptcy claim may make an objection in writing to the court with regard to the particulars stated in the items of Article 117, paragraph (1) concerning the bankruptcy claim stated in the preceding paragraph and the bankrupt may make an objection in writing to the court with regard to the amount of the bankruptcy claim, within the special period for investigation,.
Article 119, paragraph (6)(特別調査期間における調査)(Investigations During Special Period for Investigation)Changed
The provisions of paragraphs (3) through (5) of the preceding Article apply mutatis mutandis to the service of a writtenan electronic judgment when an order to decide or change the special period for investigation is made.
Prepayments of Expenses for Special Period for Investigation(特別調査期間に関する費用の予納)
Article 120, paragraph (1)
In the case referred to in the main clause of paragraph (1), or in paragraph (2) of the preceding Article, the court clerk must decide a reasonable period for investigation and order the person that holds the bankruptcy claim stated in paragraph (3) of that Article to prepay the expenses stated in that paragraph.
The disposition made under the provisions of the preceding paragraph becomes effective when a notice is given by a means that is considered to be appropriate.
前項の規定による処分は、相当と認める方法で告知することによって、その効力を生ずる。
Article 120, paragraph (3)
An objection may be filed against a disposition made under the provisions of paragraph (1) within an inalterable period of one week from the day on which the notice is received.
The objection stated in the preceding paragraph has the effect of stay of enforcement.
前項の異議の申立ては、執行停止の効力を有する。
Article 120, paragraph (5)
In the case referred to in paragraph (1), if the person that holds the bankruptcy claim stated in that paragraph does not prepay the expense stated in that paragraph, the court must dismiss without prejudice the person's filing of proofs of bankruptcy claims or filing of the change of any filed particular by an order.
When an ordinary date of investigation is specified, a bankruptcy trustee must appear on the ordinary date of investigation and state their approval or disapproval of the particulars stated in the items of Article 117, paragraph (1) with regard to each bankruptcy claim filed during the period for filing notifications of claims.
A holder of a filed bankruptcy claim or their agent may appear on an ordinary date of investigation and make an objection with regard to the particulars prescribed in the preceding paragraph concerning the bankruptcy claim referred to in that paragraph.
The bankrupt must appear on an ordinary date of investigation; provided, however, that they may have an agent appear on their behalf if there are legitimate grounds for doing so.
The bankrupt who appears pursuant to the provisions of the main clause of the preceding paragraph may make an objection with regard to the amount of the bankruptcy claim stated in paragraph (1).
前項本文の規定により出頭した破産者は、第一項の破産債権の額について、異議を述べることができる。
Article 121, paragraph (5)(一般調査期日における調査)
The bankrupt who appears pursuant to the provisions of the main clause of paragraph (3) must state their opinions on necessary matters.
第三項本文の規定により出頭した破産者は、必要な事項に関し意見を述べなければならない。
Article 121, paragraph (6)(一般調査期日における調査)
The provisions of the preceding two paragraphs apply mutatis mutandis to the agent stated in the proviso to paragraph (3).
前二項の規定は、第三項ただし書の代理人について準用する。
Article 121, paragraph (7)(一般調査期日における調査)
The provisions of the preceding paragraphs apply mutatis mutandis if no objection is made by a bankruptcy trustee or bankruptcy creditors against conducting an investigation on an ordinary date of investigation with regard to a bankruptcy claim which is filed, or for which a change is made to any filed particular after the expiration of the period for filing a notification of claim.
An investigation of bankruptcy claims on an ordinary date of investigation may not be conducted without the appearance of a bankruptcy trustee.
一般調査期日における破産債権の調査は、破産管財人が出頭しなければ、することができない。
Article 121, paragraph (9)(一般調査期日における調査)(Investigations on Ordinary Date of Investigation)Changed
When it has made an order to change the ordinary date of investigation, the court must serve the writtenelectronic judgment upon a bankruptcy trustee, the bankrupt, and holders of filed bankruptcy claims (prior to the expiration of the period for filing proofsnotifications of claims, known bankruptcy creditors).
Article 121, paragraph (10)(一般調査期日における調査)(Investigations on Ordinary Date of Investigation)Changed
When the court has issued an order to postpone or continue the investigation of bankruptcy claims on an ordinary date of investigation, it must serve the writtenelectronic judgment upon a bankruptcy trustee, the bankrupt and holders of filed bankruptcy claims, except if the order is communicated on that ordinary date of investigation.
The provisions of Article 118, paragraphs (4) and (5) apply mutatis mutandis to the service under the provisions of the preceding two paragraphs.
第百十八条第四項及び第五項の規定は、前二項の規定による送達について準用する。
Article 121-2第百二十一条の二
Ordinary Date of Investigation Based on Communication Using Audiovisual Transmissions(映像等の送受信による通話の方法による一般調査期日)
Article 121-2, paragraph (1)
Pursuant to the provisions of the Rules of the Supreme Court, the court may perform procedures on an ordinary date of investigation using a means that enables the court, the bankrupt, the bankruptcy trustee, and the holders of filed bankruptcy claims to communicate with one anotherthrough audio and visual transmissions while gaining an awareness of one another' situation if the court finds it appropriate to do so.
The bankrupt, bankruptcy trustee, or holder of a filed bankruptcy claim without appearing on an ordinary date of investigation under the provisions of the preceding paragraph but participates in the proceedings is deemed to have appeared on that ordinary date of investigation.
Investigation on Special Date of Investigation(特別調査期日における調査)
Article 122, paragraph (1)
The court may specify a date for conducting an investigation of the claim (referred to below as a "special date of investigation") when it finds it necessary to do so with regard to a bankruptcy claim which is filed or for which a change is made to any filed particular after the period for filing notifications of claims has expired but before the ordinary period for investigation expires or the ordinary date of investigation ends ,; provided, however, that this does not apply if a bankruptcy trustee states, in the statement of approval or disapproval submitted pursuant to the provisions of Article 117, paragraph (3), their approval or disapproval of all or a part of the particulars stated in the items of paragraph (1) of that Article, or no objection is made by a bankruptcy trustee or bankruptcy creditors against conducting an investigation on the ordinary date of investigation with regard to the bankruptcy claim.
The provisions of Article 119, paragraphs (2) and (3), Article 118, paragraphs (3) through (5) as applied mutatis mutandis pursuant to Article 119, paragraph (6), Article 120, Article 121 (excluding paragraphs (7) and (9)), and the preceding Article apply mutatis mutandis to the special date of investigation in the case referred to in the main clause of the preceding paragraph.
Objection Made by the Bankrupt After End of Date of Investigation(期日終了後の破産者の異議)
Article 123, paragraph (1)
If the bankrupt was unable to appear on the ordinary date of investigation or special date of investigation due to grounds not attributable to the bankrupt, the bankrupt may make an objection in writing to the court with regard to the amount of the bankruptcy claim investigated on that ordinary date of investigation or special date of investigation within one week after the grounds cease to exist.
The particulars stated in the items of Article 117, paragraph (1) (excluding item (iv)) are finalized if they are approved by a bankruptcy trustee and no objection is made by any holder of filed bankruptcy claim during the ordinary period for investigation or special period for investigation or on the ordinary date of investigation or special date of investigation in the investigation of bankruptcy claims.
Article 124, paragraph (2)(異議等のない破産債権の確定)(Finalization of Bankruptcy Claims Without Objection)Changed
The court clerk must enterrecord the results of the investigation of bankruptcy claims in the electronic schedule of bankruptcy creditors pursuant to the provisions of the Rules of the Supreme Court.
Article 124, paragraph (3)(異議等のない破産債権の確定)(Finalization of Bankruptcy Claims Without Objection)Changed
The entryrecords in the electronic schedule of bankruptcy creditors with regard to the particulars that are finalized pursuant to the provisions of paragraph (1) hashave the same effect as a final and binding judgment against all bankruptcy creditors.
In an investigation of bankruptcy claims, if a bankruptcy trustee has disapproved the amount of a bankruptcy claim or whether the type of the claim is a preferred bankruptcy claim, subordinate bankruptcy claim, or consensually-subordinated bankruptcy claim (referred to below as the "amount, etc." in this Article and Article 127, paragraph (1)), or an objection has been made by any holder of a filed bankruptcy claim with regard to these matters, the holder of a filed bankruptcy claim that holds the bankruptcy claim in question (referred to below as the "denied or disputed bankruptcy claim") may file a petition to the court against the bankruptcy trustee as well as the holders of filed bankruptcy claim that made the objection (referred to below as the "denying or disputing party" in this Subsection) for assessment of the amount, etc. of the claim (referred to below as a "petition for bankruptcy claim assessment") in order to finalize the amount and type of the claim; provided, however, that this does not apply in the case referred to in Article 127, paragraph (1) and Article 129, paragraphs (1) and (2).
A petition for bankruptcy claim assessment must be filed within an inalterable period of one month from the last day of the ordinary period for investigation or special period for investigation for the denied or disputed bankruptcy claim or from the ordinary date of investigation or special date of investigation for the claim.
When a petition for bankruptcy claim assessment is filed, the court must make a judicial decision to assess the existence or nonexistence of the denied or disputed bankruptcy claim and its amount, etc. by an order (referred to below as a "bankruptcy claim assessment order" in the following paragraph) except when the court dismisses the petition as unlawful without prejudice.
The court must interrogate the denying or disputing party when making a bankruptcy claim assessment order.
裁判所は、破産債権査定決定をする場合には、異議者等を審尋しなければならない。
Article 125, paragraph (5)(破産債権査定決定)(Orders for Bankruptcy Claim Assessment)Changed
If an order is made on a petition for bankruptcy claim assessment, the writtenelectronic judgment must be served upon the parties concerned. In this case, the provisions of the main clause of Article 10, paragraph (3) do not apply.