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.
When the court has made an order to change the ordinary period for investigation, it must serve the written judgment upon the bankruptcy trustee, the bankrupt, and holders of filed bankruptcy claims (prior to the expiration of the period for filing proofs 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.
前項の規定による送達は、書類を通常の取扱いによる郵便に付し、又は民間事業者による信書の送達に関する法律第二条第六項に規定する一般信書便事業者若しくは同条第九項に規定する特定信書便事業者の提供する同条第二項に規定する信書便の役務を利用して送付する方法によりすることができる。
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.
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(Preparation and Submission of Statements of Approval or Disapproval)
When an ordinary period for investigation is specified, a bankruptcy trustee must prepare a statement of approval or disapproval of the following particulars with regard to each bankruptcy claim…
破産管財人は、一般調査期間が定められたときは、債権届出期間内に届出があった破産債権について、次に掲げる事項についての認否を記載した認否書を作成しなければならない。
Open this provision(Preparation and Submission of Statements of Approval or Disapproval)
A bankruptcy trustee may state their approval or disapproval of the particulars listed in the items of the preceding paragraph…
破産管財人は、債権届出期間の経過後に届出があり、又は届出事項の変更(他の破産債権者の利益を害すべき事項の変更に限る。以下この節において同じ。)があった破産債権についても、前項各号に掲げる事項(当該届出事項の変更があった場合にあっては、変更後の同項各号に掲げる事項。以下この節において同じ。)についての認否を同項の認否書…
Open this provision(Investigations During Ordinary Periods for Investigation)
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…
届出をした破産債権者は、一般調査期間内に、裁判所に対し、前条第一項又は第二項に規定する破産債権についての同条第一項各号に掲げる事項について、書面で、異議を述べることができる。
Open this provision(Investigations During Ordinary Periods for Investigation)
When the court has made an order to change the ordinary period for investigation, it must serve the written judgment upon the bankruptcy trustee, the bankrupt…
裁判所は、一般調査期間を変更する決定をしたときは、その裁判書を破産管財人、破産者及び届出をした破産債権者(債権届出期間の経過前にあっては、知れている破産債権者)に送達しなければならない。
Open this provision(Investigations During Ordinary Periods for Investigation)
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…
前項の規定による送達は、書類を通常の取扱いによる郵便に付し、又は民間事業者による信書の送達に関する法律第二条第六項に規定する一般信書便事業者若しくは同条第九項に規定する特定信書便事業者の提供する同条第二項に規定する信書便の役務を利用して送付する方法によりすることができる。
Open this provisionbankrupt
「破産者」
A debtor against whom an order commencing bankruptcy proceedings has been made under Article 30, paragraph (1).
Defined inArticle 2, paragraph (4)· applies throughout the law
bankruptcy claim
「破産債権」
A claim on property against the bankrupt (破産者) arising from a cause that occurred before bankruptcy proceedings began, including the claims Article 97 lists, that is not a claim on the estate (財団債権).
Defined inArticle 2, paragraph (5)· applies throughout the law
bankruptcy creditor
「破産債権者」
A creditor who holds a bankruptcy claim (破産債権).
Defined inArticle 2, paragraph (6)· applies throughout the law
bankruptcy trustee
「破産管財人」
A person who has the right to administer and dispose of the property belonging to the bankruptcy estate (破産財団) in bankruptcy proceedings.
Defined inArticle 2, paragraph (12)· applies throughout the law
holders of filed bankruptcy claims
「届出をした破産債権者」
A bankruptcy creditor (破産債権者) who has filed proof of a bankruptcy claim under Article 111, 112 or 114.
Short name set inArticle 31, paragraph (5)
postal item, etc.
「郵便物等」
In Articles 81 and 82 and Article 118, paragraph (5), mail (郵便物) or correspondence items (信書便物) as defined in Article 2, paragraph (3) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) addressed to the bankrupt (破産者), which the court may ask the delivery business to deliver to the bankruptcy trustee (破産管財人) instead.
Short name set inArticle 81, paragraph (1)· applies only in this provision and in Article 82; and Article 118, paragraph (5)
period for filing proofs of claims
「債権届出期間」
The period the court sets under Article 31, paragraph (1), item (i) or paragraph (3) within which a bankruptcy creditor who wishes to take part in the bankruptcy proceedings must file with the court the amount and cause of each bankruptcy claim (破産債権) and the other particulars Article 111, paragraph (1) lists.
Short name set inArticle 111, paragraph (1)
ordinary period for investigation
「一般調査期間」
The period for investigating bankruptcy claims (破産債権) that the court sets under Article 31, paragraph (1), item (iii) when it makes the order commencing bankruptcy proceedings.
Short name set inArticle 112, paragraph (1)
service
送達
The delivery of a document in a court proceeding, such as a lawsuit, to the person it is for, by a procedure the law lays down: unless a provision says otherwise, the court carries it out of its own motion, the court clerk handles the work (Code of Civil Procedure, Article 98), and the person who effects it reports on it to the court in writing (Article 100, paragraph (1)); the complaint must be served on the defendant (Article 138, paragraph (1)), and the judgment on the parties (Article 255, paragraph (1)). A document is served by post or by a court enforcement officer (執行官) (Article 101, paragraph (1)), as a rule by handing it to the person (Article 102-2), at their address, residence, place of business or office, or at their workplace where those are unknown or service there meets an obstacle (Article 103); each party, legal representative and litigation representative (訴訟代理人) must tell the court a place in Japan where they are to be served (Article 104, paragraph (1)), and service abroad is made at the presiding judge's request to that country's authorities or to a Japanese ambassador, minister or consul there (Article 108). If the person is not found at a place other than their workplace, the document may be handed to an employee or a person living with them who can be trusted to receive it, and if it is refused without a legitimate reason it may be left there (Article 106, paragraphs (1) and (3)); where it cannot be served in those ways, the court clerk may send it by registered mail, and it counts as served when it is sent (Article 107, paragraphs (1) and (3)). An electronic record can also be served through the courts' electronic system on a person who has registered for it, by making it available to them and sending them a notice, and that service takes effect when they view it or save it to their computer, or one week after the notice was sent, whichever comes first (Articles 109-2, paragraph (1), and 109-3, paragraph (1)); a person who must make filings online, such as a litigation representative (訴訟代理人) entrusted with the case, can be served this way even without registering, and without a notice, the week then running from when the record was made available (Articles 109-4 and 132-11, paragraph (1)). Where a party's address or other place for service is unknown, among other cases, the court clerk may serve by publication (公示送達), on petition or where the court orders it, and serves the same party by publication again of the clerk's own motion, as a rule (Article 110, paragraphs (1) to (3)): that the clerk holds the document and will hand it over at any time is made available for anyone to view, by a method the Supreme Court's rules (最高裁判所規則) set, and posted on the court's notice board or shown on a screen at the court (Article 111), and service takes effect two weeks after that begins, or six weeks for service to be made abroad, though one made again of the clerk's own motion takes effect the day after it begins (Article 112, paragraphs (1) and (2)). Some time limits run from service: an appeal to the court of second instance (控訴), for one, must be filed within two weeks of the day the judgment is served (Article 285).
Written by AI using Code of Civil Procedure, Arts. 98, 100 to 104, 106 to 112, 132-11, 138, 255, 285 as a reference.