Any and all property that a bankrupt holds at the time of commencement of bankruptcy proceedings (irrespective of whether it exists in Japan) is to constitute a bankruptcy estate.
Any claim which may arise in the future and be enforced by the bankrupt based on a cause that has occurred prior to the commencement of bankruptcy proceedings is to belong to the bankruptcy estate.
Notwithstanding the provisions of paragraph (1), the following property does not belong to a bankruptcy estate:
money obtained by multiplying the amount prescribed in Article 131, item (iii) of the Civil Enforcement Act (Act No. 4 of 1979) by one and a half; and
民事執行法(昭和五十四年法律第四号)第百三十一条第三号に規定する額に二分の三を乗じた額の金銭
property that may not be seized (excluding money prescribed in Article 131, item (iii) of the Civil Enforcement Act); provided, however, that this does not apply to property for which a seizure is allowed pursuant to the provisions of Article 132, paragraph (1) of that Act (including cases as applied mutatis mutandis pursuant to Article 192 of that Act) and property which becomes seizable after the commencement of bankruptcy proceedings.
差し押さえることができない財産(民事執行法第百三十一条第三号に規定する金銭を除く。)。ただし、同法第百三十二条第一項(同法第百九十二条において準用する場合を含む。)の規定により差押えが許されたもの及び破産手続開始後に差し押さえることができるようになったものは、この限りでない。
During the period from the time when an order commencing bankruptcy proceedings is issued until the day on which one month has elapsed since the day on which the order becomes final and binding, by an order and upon the petition of the bankrupt or by its own authority, the court may expand the scope of property that does not belong to the bankruptcy estate, while taking into consideration the bankrupt's living conditions, the types of property stated in the items of the preceding paragraph that the bankrupt held at the time of commencement of bankruptcy proceedings and the amount of its value, the likelihood for the bankrupt to earn income and any other relevant circumstances.
The court must hear an opinion of a bankruptcy trustee when issuing an order stated in the preceding paragraph.
The bankrupt may file an immediate appeal against an order dismissing the petition stated in paragraph (4).
If an order stated in paragraph (4) or a judicial decision on the immediate appeal stated in the preceding paragraph is made, the written judgment must be served upon the bankrupt and the bankruptcy trustee. In this case, the provisions of the main clause of Article 10, paragraph (3) do not apply.
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