A designated security interest holder that has an objection to the petition referred to in Article 186, paragraph (1) may make an offer to a bankruptcy trustee within the period stated in paragraph (1) of the preceding Article to the effect that the designated security interest holder or any other person will purchase the property referred to in Article 186, paragraph (3), item (i) (referred to below as a "purchase offer" in this Section).
被申立担保権者は、第百八十六条第一項の申立てにつき異議があるときは、前条第一項の期間内に、破産管財人に対し、当該被申立担保権者又は他の者が第百八十六条第三項第一号の財産を買い受ける旨の申出(以下この節において「買受けの申出」という。)をすることができる。
A purchase offer must be made by means of a document stating the following particulars:
買受けの申出は、次に掲げる事項を記載した書面でしなければならない。
the name of the person that seeks to purchase the property stated in Article 186, paragraph (3), item (i) (referred to below as the "applicant for purchase" in this Section);
第百八十六条第三項第一号の財産を買い受けようとする者(以下この節において「買受希望者」という。)の氏名又は名称
the amount of money that a bankruptcy trustee can obtain from the applicant for purchase through the sale of the property referred to in Article 186, paragraph (3), item (i) (excluding the amount of money consisting of the amount of actual costs already paid or to be paid in the future from the bankruptcy estate for concluding and performing the sales contract and the amount of consumption tax, etc. to be imposed on the transfer of the property, which is to be borne by the purchase applicant under the sales contract; referred to below as the "offered purchase price" in this Section); and
破産管財人が第百八十六条第三項第一号の財産の売却によって買受希望者から取得することができる金銭の額(売買契約の締結及び履行のために要する費用のうち破産財団から現に支出し又は将来支出すべき実費の額並びに当該財産の譲渡に課されるべき消費税額等に相当する額であって、当該売買契約において買受希望者の負担とされるものに相当する金銭を除く。以下この節において「買受けの申出の額」という。)
if the property stated in Article 186, paragraph (3), item (i) consists of two or more pieces of property, the amount of offered purchase price allocated to each piece of property.
第百八十六条第三項第一号の財産が複数あるときは、買受けの申出の額の各財産ごとの内訳の額
The offered purchase price must be more than the sum obtained by adding the amount of proceeds referred to in Article 186, paragraph (3), item (ii) which is stated in the written petition to the amount equivalent to one-twentieth of the amount.
買受けの申出の額は、申立書に記載された第百八十六条第三項第二号の売得金の額にその二十分の一に相当する額を加えた額以上でなければならない。
If the property referred to in Article 186, paragraph (3), item (i) consists of two or more pieces of property, the amount of the offered purchase price stated in paragraph (2), item (iii) allocated to each piece of property must not be below the amount of proceeds referred to in paragraph (3), item (ii) of that Article allocated to each respective piece of property.
第百八十六条第三項第一号の財産が複数あるときは、第二項第三号の買受けの申出の額の各財産ごとの内訳の額は、当該各財産につき、同条第三項第二号の売得金の額の各財産ごとの内訳の額を下回ってはならない。
Upon making a purchase offer, a purchase applicant must provide a bankruptcy trustee with the guarantee of the amount and by the means specified by the Rules of the Supreme Court.
The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to a purchase offer.
A person that has made a purchase offer (if a person other than the person who has made the purchase offer is a purchase applicant, the purchase applicant) may withdraw the purchase offer within the period referred to in paragraph (1) of the preceding Article.
When a purchase offer is made, a bankruptcy trustee must notify the court to the effect that they will sell the property referred to in Article 186, paragraph (3), item (i) to the purchase applicant after the period referred to in paragraph (1) of the preceding Article has expired. In this case, if two or more purchase offers are made, a bankruptcy trustee must give notification to the effect that they will sell the property to the purchase applicant who has made the purchase offer with the highest offered purchase price (if there are two or more purchase offers with the highest offered purchase price, the purchase applicant who has made the first offer).
In the case referred to in the preceding paragraph, a bankruptcy trustee must submit to the court the document referred to in paragraph (2) related to the purchase offer made within the period stated in paragraph (1) of the preceding Article.
When a purchase offer is made, in order to withdraw the petition referred to in Article 186, paragraph (1), a bankruptcy trustee must obtain consent from the purchase applicant (after the order of permission stated in paragraph (1) of the following Article becomes final and binding, the purchaser prescribed in paragraph (2) of that Article).
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