Article 31Particulars to Be Specified upon Issuing Order commencing Bankruptcy Proceedings
第三十一条(破産手続開始の決定と同時に定めるべき事項等)
The court must appoint one or more bankruptcy trustees and specify the following particulars upon issuing an order commencing bankruptcy proceedings:
裁判所は、破産手続開始の決定と同時に、一人又は数人の破産管財人を選任し、かつ、次に掲げる事項を定めなければならない。
the period during which a proof of a bankruptcy claim should be filed;
破産債権の届出をすべき期間
the date of a creditors' meeting that is to be convoked to report the status of the debtor's property (referred to as a "meeting for reporting the status of property" in paragraph (4), Article 136, paragraphs (2) and (3) and Article 158); and
the period for conducting an investigation of bankruptcy claims (or the date for conducting an investigation of bankruptcy claims in the case referred to in Article 116, paragraph (2)).
Notwithstanding the provisions of item (i) and item (iii) of the preceding paragraph, the court may choose not to specify the period stated in item (i) of that paragraph and the period and date stated in item (iii) of that paragraph when it finds that the bankruptcy estate is likely to be insufficient for paying expenses for bankruptcy proceedings.
In the case referred to in the preceding paragraph, if it finds that the bankruptcy estate is no longer insufficient for paying expenses for bankruptcy proceedings, the court must promptly specify the period stated in paragraph (1), item (i) and the period or date stated in item (iii) of that paragraph.
Notwithstanding the provisions of paragraph (1), item (ii), if it finds it inappropriate to convoke a meeting for reporting the status of property while taking into consideration the number of known bankruptcy creditors and any other relevant circumstances, the court may choose not to specify the date stated in paragraph (1), item (ii).
In the case referred to in paragraph (1), if there are 1,000 or more known bankruptcy creditors and it is found appropriate, the court may issue an order not to give a notice to bankruptcy creditors under the provisions of paragraph (3), item (i) of the following Article, as applied mutatis mutandis pursuant to the main clauses of paragraph (4) and paragraph (5) of that Article, and the provisions of the main clause of Article 33, paragraph (3) and the main clause of Article 139, paragraph (3) (in the case referred to in the main clause of Article 139, paragraph (3), creditors with voting rights prescribed in the main clause of Article 139, paragraph (3); the same applies in paragraph (2) of the following Article), and not to summon, on the date of a creditors' meeting, bankruptcy creditors that filed a proof of a bankruptcy claim pursuant to the provisions of Article 111, Article 112 or Article 114 (referred to below as "holders of filed bankruptcy claims").
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