Section 1 General Rules
第一節 通則
Article 193Means of Distribution
第百九十三条(配当の方法等)
A bankruptcy creditor may receive a distribution from the bankruptcy estate as provided for by this Chapter.
A bankruptcy creditor must receive a distribution at the place where a bankruptcy trustee performs their duties; provided, however, that this does not preclude other provisions to be made by an agreement between a bankruptcy trustee and a bankruptcy creditor.
When the bankruptcy trustee has made a distribution, the bankruptcy trustee must enter the amount distributed in the schedule of bankruptcy creditors.
破産管財人は、配当をしたときは、その配当をした金額を破産債権者表に記載しなければならない。
Article 194Order of Distributions
第百九十四条(配当の順位等)
Distributions are to be made in the following order among bankruptcy claims and in the order of priority prescribed in Article 98, paragraph (2) among preferred bankruptcy claims referred to in item (i):
bankruptcy claims other than those stated in the preceding item, the following item, and item (iv);
With regard to bankruptcy claims eligible for distribution with the same priority, distribution is made in proportion to the amount of each claim.
同一順位において配当をすべき破産債権については、それぞれその債権の額の割合に応じて、配当をする。
Section 2 Final Distribution
第二節 最後配当
第百九十五条(最後配当)
After the ordinary period for investigation has expired or the ordinary date of investigation has ended and after realization has been completed for property that belongs to the bankruptcy estate, a bankruptcy trustee must make a distribution without delay under the provisions of this Section (referred to below as a "final distribution" in this Chapter and the following Chapter) to holders of filed bankruptcy claims except in the case prescribed in Article 217, paragraph (1).
A bankruptcy trustee must obtain permission of the court clerk in order to make a final distribution.
The court may set the time for making a final distribution in advance after hearing opinions of a bankruptcy trustee.
第百九十六条(配当表)
A bankruptcy trustee must prepare a distribution list stating the following particulars and submit it to the court without delay when permission under the provisions of paragraph (2) of the preceding Article is granted:
the name and address of a bankruptcy creditor that may participate in the procedure for a final distribution;
the amount of claim that may enter into the procedure for a final distribution; and
最後配当の手続に参加することができる債権の額
the amount available for a final distribution.
最後配当をすることができる金額
The particulars stated in item (ii) of the preceding paragraph must be stated by distinguishing each of preferred bankruptcy claims, subordinate bankruptcy claims, and consensually-subordinated bankruptcy claims from other bankruptcy claims, and with regard to preferred bankruptcy claims, the particulars must be stated in the order of priority prescribed in Article 98, paragraph (2).
With regard to bankruptcy claims secured by a revolving mortgage which pertains to a right of separate satisfaction, a bankruptcy trustee must state the claims in the distribution list even if the bankruptcy creditor that holds the bankruptcy claims does not prove to the bankruptcy trustee the amount of the claims for which payment cannot be received by exercising the revolving mortgage. In this case, the part of the amount of the bankruptcy claims on the day on which permission under the provisions of paragraph (2) of the preceding Article was granted, which exceeds the maximum amount, is to be the amount of the claims that may enter into the procedure for a final distribution.
The provisions of the preceding paragraph apply mutatis mutandis to a person that holds a mortgage prescribed in Article 108, paragraph (2) (limited to one that is a revolving mortgage).
Article 197Public Notices of Distribution
第百九十七条(配当の公告等)
Without delay after submitting a distribution list to the court pursuant to the provisions of paragraph (1) of the preceding Article, a bankruptcy trustee must give a public notice of the total amount of the claims that may enter into the procedure for a final distribution and the amount available for a final distribution, or give a notice of those particulars to holders of the filed bankruptcy claims.
破産管財人は、前条第一項の規定により配当表を裁判所に提出した後、遅滞なく、最後配当の手続に参加することができる債権の総額及び最後配当をすることができる金額を公告し、又は届出をした破産債権者に通知しなければならない。
The notice under the provisions of the preceding paragraph is deemed to have arrived at the time when the notice should have normally arrived.
前項の規定による通知は、その通知が通常到達すべきであった時に、到達したものとみなす。
When the time at which the notice given under the provisions of paragraph (1) should have normally reached each holder of the filed bankruptcy claims has passed, a bankruptcy trustee must notify the court to that effect without delay.
Article 198Exclusion of Bankruptcy Claims
第百九十八条(破産債権の除斥等)
In order to participate in the procedure for a final distribution with regard to a denied or disputed bankruptcy claim (excluding those prescribed in Article 129, paragraph (1)) within two weeks from the day on which the public notice under the provisions of paragraph (1) of the preceding Article becomes effective or the day on which the notification is made under the provisions of paragraph (3) of that Article, the bankruptcy creditor that holds the denied or disputed bankruptcy claim must prove to a bankruptcy trustee the fact that the proceedings for assessment based on a petition for the finalization of the denied or disputed bankruptcy claim, the court proceedings of an action to oppose bankruptcy claim assessment, or the court proceedings of an action taken over pursuant to the provisions of Article 127, paragraph (1) are pending.
異議等のある破産債権(第百二十九条第一項に規定するものを除く。)について最後配当の手続に参加するには、当該異議等のある破産債権を有する破産債権者が、前条第一項の規定による公告が効力を生じた日又は同条第三項の規定による届出があった日から起算して二週間以内に、破産管財人に対し、当該異議等のある破産債権の確定に関する破産債権査定申立てに係る査定の手続、破産債権査定異議の訴えに係る訴訟手続又は第百二十七条第一項の規定による受継があった訴訟手続が係属していることを証明しなければならない。
In order to participate in the procedure for a final distribution with regard to a bankruptcy claim that is a claim subject to a condition precedent or claim which may arise in the future, the bankruptcy claim is required to become enforceable within the period prescribed in the preceding paragraph (referred to below as the "period of exclusion concerning a final distribution" in this Section and Section 5).
In order to participate in the procedure for a final distribution, within the period of exclusion concerning a final distribution, a holder of a right of separate satisfaction must prove to a bankruptcy trustee the fact that the whole or part of the claim secured by a security interest prescribed in Article 65, paragraph (2) which pertains to the right of separate satisfaction is no longer secured after the commencement of bankruptcy proceedings, or prove the amount of the claim for which payment cannot be received by exercising the security interest, except in the case referred to in the following paragraph.
With regard to bankruptcy claims secured by a revolving mortgage that are stated in the distribution list pursuant to the provisions of the first sentence of Article 196, paragraph (3) (including as applied mutatis mutandis pursuant to paragraph (4) of that Article), except when the amount of the claims for which payment cannot be received by exercising the security interest is proven within the period of exclusion concerning a final distribution, the part of the amount of the claims that may enter into the procedure for a final distribution stated in the distribution list under the provisions of the second sentence of paragraph (3) of that Article (including as applied mutatis mutandis pursuant to paragraph (4) of that Article) is deemed to be the amount of claims for which payment cannot be received.
The provisions of paragraph (3) apply mutatis mutandis to a holder of a quasi-right of separate satisfaction.
Article 199Correction of Distribution Lists
第百九十九条(配当表の更正)
In the following cases, a bankruptcy trustee must immediately correct the distribution list:
次に掲げる場合には、破産管財人は、直ちに、配当表を更正しなければならない。
when a cause that requires correction to the schedule of bankruptcy creditors occurs within the period of exclusion concerning a final distribution;
破産債権者表を更正すべき事由が最後配当に関する除斥期間内に生じたとき。
when the particular prescribed in paragraph (1) of the preceding Article is proved within the period of exclusion concerning a final distribution; and
前条第一項に規定する事項につき最後配当に関する除斥期間内に証明があったとき。
when the particular prescribed in paragraph (3) of the preceding Article is proved within the period of exclusion concerning a final distribution.
前条第三項に規定する事項につき最後配当に関する除斥期間内に証明があったとき。
The provisions of item (iii) of the preceding paragraph apply mutatis mutandis to a holder of a quasi-right of separate satisfaction.
Article 200Objection to Distribution Lists
第二百条(配当表に対する異議)
A bankruptcy creditor that is dissatisfied with an entry in the distribution list may raise an objection to the court only within one week after the period of exclusion concerning a final distribution expires.
届出をした破産債権者で配当表の記載に不服があるものは、最後配当に関する除斥期間が経過した後一週間以内に限り、裁判所に対し、異議を申し立てることができる。
The court must order a bankruptcy trustee to correct the distribution list when it finds an objection raised under the provisions of the preceding paragraph well-grounded.
An immediate appeal may be filed against a judicial decision on the objection raised under the provisions of paragraph (1). In this case, the period for filing an immediate appeal against the order to order correction of the distribution list is calculated from the day on which it becomes possible for an interested person to make a request for inspection of the written judgment pursuant to the provisions of Article 11, paragraph (1).
When a judicial decision to dismiss the objection raised under the provisions of paragraph (1) and a judicial decision on the immediate appeal referred to in the first sentence of the preceding paragraph (excluding an order to order correction of the distribution list) are made, the written judgments must be served upon the parties concerned.