Article 217Order of Discontinuance of Bankruptcy Proceedings Made After Making Order commencing Bankruptcy Proceedings
第二百十七条（破産手続開始の決定後の破産手続廃止の決定）
When the court finds that the bankruptcy estate is insufficient for paying expenses for bankruptcy proceedings after making an order commencing bankruptcy proceeding, it must make an order of discontinuance of bankruptcy proceedings upon the petition of a bankruptcy trustee or by its own authority. In this case, the court must hear opinions of bankruptcy creditors on the date of a creditors' meeting.
Notwithstanding the provisions of the second sentence of the preceding paragraph, the court may, when it finds it appropriate, hear opinions of bankruptcy creditors in writing in lieu of hearing opinions of bankruptcy creditors on the date of a creditors' meeting prescribed in the second sentence of that paragraph. In this case, a person stated in Article 135, paragraph (1), item (ii) or (iii) may not file a petition for convocation of a creditors' meeting pursuant to the provisions of that paragraph for conducting the hearing of opinions.
The provisions of the preceding two paragraphs do not apply when an amount sufficient for paying expenses for bankruptcy proceedings is prepaid.
When the court has made an order of discontinuance of bankruptcy proceedings under the provisions of paragraph (1), the court must immediately give a public notice of the main text of the order and the outline of the reasons attached, and serve the written judgment upon the bankrupt and a bankruptcy trustee.
When the court has made an order dismissing the petition referred to in paragraph (1), it must serve the written judgment upon a bankruptcy trustee. In this case, the provisions of the main clause of Article 10, paragraph (3) do not apply.
An immediate appeal may be filed against an order of discontinuance of bankruptcy proceedings pursuant to the provisions of paragraph (1) and an order dismissing the petition referred to in that paragraph.
When an order to reverse the order of discontinuance of bankruptcy proceedings pursuant to the provisions of paragraph (1) has become final and binding, the court that has made the order of discontinuance of bankruptcy proceedings must immediately give a public notice to that effect.
第一項の規定による破産手続廃止の決定を取り消す決定が確定したときは、当該破産手続廃止の決定をした裁判所は、直ちに、その旨を公告しなければならない。
An order of discontinuance of bankruptcy proceedings pursuant to the provisions of paragraph (1) does not become effective unless it becomes final and binding.
第一項の規定による破産手続廃止の決定は、確定しなければその効力を生じない。