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。
(Public Notices)
If a service is required to be made pursuant to the provisions of this Act, it may be substituted by a public notice; provided, however, that this does not apply if both public notice and service are…
この法律の規定により送達をしなければならない場合には、公告をもって、これに代えることができる。ただし、この法律の規定により公告及び送達をしなければならない場合は、この限りでない。
Open this provision(Convocation of Creditors' Meetings)
The court must convoke a creditors' meeting upon the petition of any of the persons stated in the following items; provided, however, that this does not apply when the court finds it inappropriate to…
裁判所は、次の各号に掲げる者のいずれかの申立てがあった場合には、債権者集会を招集しなければならない。ただし、知れている破産債権者の数その他の事情を考慮して債権者集会を招集することを相当でないと認めるときは、この限りでない。
Open this provision(Convocation of Creditors' Meetings)
the creditors' committee prescribed in Article 144, paragraph (2); or
第百四十四条第二項に規定する債権者委員会
Open this provision(Convocation of Creditors' Meetings)
a bankruptcy creditor that holds a bankruptcy claim that accounts for one-tenth or more of the amount of total claims held by known bankruptcy creditors as estimated by the court.
知れている破産債権者の総債権について裁判所が評価した額の十分の一以上に当たる破産債権を有する破産債権者
Open this provision(Order of Discontinuance of Bankruptcy Proceedings Made After Making Order commencing Bankruptcy Proceedings)
When the court finds that the bankruptcy estate is insufficient for paying expenses for bankruptcy proceedings after making an order commencing bankruptcy proceeding…
裁判所は、破産手続開始の決定があった後、破産財団をもって破産手続の費用を支弁するのに不足すると認めるときは、破産管財人の申立てにより又は職権で、破産手続廃止の決定をしなければならない。この場合においては、裁判所は、債権者集会の期日において破産債権者の意見を聴かなければならない。
Open this provision(Order of Discontinuance of Bankruptcy Proceedings Made After Making Order commencing Bankruptcy Proceedings)
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…
前項後段の規定にかかわらず、裁判所は、相当と認めるときは、同項後段に規定する債権者集会の期日における破産債権者の意見の聴取に代えて、書面によって破産債権者の意見を聴くことができる。
Open this provisionbankruptcy proceedings
「破産手続」
The proceedings under Chapter II onward, except Chapter XII, for liquidating a debtor's property, inherited property (相続財産) or trust property (信託財産).
Defined inArticle 2, paragraph (1)· applies throughout the law
bankrupt
「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 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
bankruptcy estate
「破産財団」
The bankrupt's (破産者) property, inherited property (相続財産) or trust property (信託財産) that the bankruptcy trustee (破産管財人) has the exclusive right to administer and dispose of in bankruptcy proceedings.
Defined inArticle 2, paragraph (14)· applies throughout the law
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.