If a petition to commence bankruptcy proceedings is filed, upon the petition of an interested person or by their own authority, the court may issue a provisional order that prohibits a disposal of the debtor's assets or any other necessary provisional order concerning the assets until a decision is made on the petition to commence bankruptcy proceedings.
裁判所は、破産手続開始の申立てがあった場合には、利害関係人の申立てにより又は職権で、破産手続開始の申立てにつき決定があるまでの間、債務者の財産に関し、その財産の処分禁止の仮処分その他の必要な保全処分を命ずることができる。
The court may change or reverse a provisional order issued under the provisions of the preceding paragraph.
裁判所は、前項の規定による保全処分を変更し、又は取り消すことができる。
An immediate appeal may be filed against a provisional order issued under the provisions of paragraph (1) and an order issued under the provisions of the preceding paragraph.
The immediate appeal stated in the preceding paragraph does not have the effect of a stay of enforcement.
前項の即時抗告は、執行停止の効力を有しない。
If a judicial decision prescribed in paragraph (3) and a judicial decision on the immediate appeal stated in that paragraph are made, the written judgments must be served upon the parties. In this case, the provisions of the main clause of Article 10, paragraph (3) do not apply.
Pursuant to the provisions of paragraph (1), if the court has issued a provisional order prohibiting a debtor from making payments to a creditor or conducting any other act with the creditor to extinguish the debtor's debt, the creditor may not assert the effect of the payment or any other act to extinguish the debt, which is made or conducted in violation of the provisional order in relation to the bankruptcy proceedings; provided, however, that this applies only if the creditor knows the fact that the provisional order was issued at the time of the act.
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