When an ordinary period for investigation is specified, a bankruptcy trustee must prepare a statement of approval or disapproval of the following particulars with regard to each bankruptcy claim filed during the period for filing notifications of claims:
the amount of the bankruptcy claim;
破産債権の額
a statement to the effect that the claim in question is a preferred bankruptcy claim;
優先的破産債権であること。
a statement to the effect that the claim in question is a subordinate bankruptcy claim or consensually-subordinated bankruptcy claim; and
the amount of the claim for which payment is not expected to be received by exercising a right of separate satisfaction (including a special statutory lien, pledge or mortgage, or bankruptcy claim prescribed in Article 108, paragraph (2)).
A bankruptcy trustee may state their approval or disapproval of the particulars listed in the items of the preceding paragraph (if there is a change to any filed particular, the particular stated in each item of that paragraph after the change; the same applies in this Section) in the statement of approval or disapproval stated in that paragraph also with regard to a bankruptcy claim which is filed or for which a change is made to any filed particular (limited to a change which is prejudicial to the interests of other bankruptcy creditors; the same applies in this Section) after the expiration of the period for filing notifications of claims.
A bankruptcy trustee must submit a statement of approval or disapproval prepared pursuant to the provisions of the preceding two paragraphs by the time limit set by the court prior to an ordinary period for investigation.
With regard to any particular of which approval or disapproval should be stated in a statement of approval or disapproval stated in paragraph (1) pursuant to the provisions of that paragraph, if neither approval nor disapproval is stated in the statement of approval or disapproval submitted pursuant to the provisions of the preceding paragraph, it is deemed that a bankruptcy trustee has approved the particular.
With regard to a bankruptcy claim for which approval or disapproval of the particulars stated in the items of paragraph (1) may be stated in a statement of approval or disapproval pursuant to the provisions of paragraph (2), if the statement of approval or disapproval submitted pursuant to the provisions of paragraph (3) states approval or disapproval of a part of the particulars, it is deemed that a bankruptcy trustee has approved the particulars of which neither approval nor disapproval is stated in the statement of approval or disapproval.
Read this with the articles around it
(Participation in Proceedings by Holders of Right of Separate Satisfaction)
The preceding paragraph also applies to a person that holds a special statutory lien, pledge, or mortgage on the bankrupt's property that does not belong to the bankruptcy estate or a person that…
破産財団に属しない破産者の財産につき特別の先取特権、質権若しくは抵当権を有する者又は破産者につき更に破産手続開始の決定があった場合における前の破産手続において破産債権を有する者も、前項と同様とする。
Open this provision(Preparation and Submission of Statements of Approval or Disapproval)
When an ordinary period for investigation is specified, a bankruptcy trustee must prepare a statement of approval or disapproval of the following particulars with regard to each bankruptcy claim…
破産管財人は、一般調査期間が定められたときは、債権届出期間内に届出があった破産債権について、次に掲げる事項についての認否を記載した認否書を作成しなければならない。
Open this provision(Preparation and Submission of Statements of Approval or Disapproval)
A bankruptcy trustee may state their approval or disapproval of the particulars listed in the items of the preceding paragraph…
破産管財人は、債権届出期間の経過後に届出があり、又は届出事項の変更（他の破産債権者の利益を害すべき事項の変更に限る。以下この節において同じ。）があった破産債権についても、前項各号に掲げる事項（当該届出事項の変更があった場合にあっては、変更後の同項各号に掲げる事項。以下この節において同じ。）についての認否を同項の認否書…
Open this provision(Preparation and Submission of Statements of Approval or Disapproval)
A bankruptcy trustee must submit a statement of approval or disapproval prepared pursuant to the provisions of the preceding two paragraphs by the time limit set by the court prior to an ordinary…
破産管財人は、一般調査期間前の裁判所の定める期限までに、前二項の規定により作成した認否書を裁判所に提出しなければならない。
Open this provisionbankruptcy claim
「破産債権」
A claim on property against the bankrupt (破産者) arising from a cause that occurred before bankruptcy proceedings began, including the claims Article 97 lists, that is not a claim on the estate (財団債権).
Defined inArticle 2, paragraph (5)· 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
right of separate satisfaction
「別除権」
The right of a person who, when bankruptcy proceedings begin, holds a special statutory lien (特別の先取特権), pledge (質権) or mortgage (抵当権) over property of the bankruptcy estate (破産財団) to enforce it against that property outside the bankruptcy proceedings, as Article 65, paragraph (1) allows.
Defined inArticle 2, paragraph (9)· 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
preferred bankruptcy claim
「優先的破産債権」
A bankruptcy claim (破産債権) that has a general statutory lien (一般の先取特権) or other general priority over property of the bankruptcy estate (破産財団), other than a subordinate bankruptcy claim (劣後的破産債権) or a consensually-subordinated bankruptcy claim (約定劣後破産債権); it ranks ahead of the other bankruptcy claims.
Short name set inArticle 98, paragraph (1)
subordinate bankruptcy claims
「劣後的破産債権」
The claims Article 99, paragraph (1) lists — those in Article 97, items (i) to (vii), such as interest and damages for nonperformance arising after bankruptcy proceedings begin, and the parts of certain interest-free or periodic-payment claims falling due after commencement that items (ii) to (iv) calculate — which rank behind the other bankruptcy claims (破産債権) except consensually-subordinated bankruptcy claims (約定劣後破産債権).
Short name set inArticle 99, paragraph (1)
consensually-subordinated bankruptcy claim
「約定劣後破産債権」
A claim that the bankruptcy creditor and the bankrupt agreed, before bankruptcy proceedings began, would rank behind subordinate bankruptcy claims (劣後的破産債権) for distribution if bankruptcy proceedings were opened against the debtor; it ranks behind those claims.
Short name set inArticle 99, paragraph (2)
period for filing proofs of claims
「債権届出期間」
The period the court sets under Article 31, paragraph (1), item (i) or paragraph (3) within which a bankruptcy creditor who wishes to take part in the bankruptcy proceedings must file with the court the amount and cause of each bankruptcy claim (破産債権) and the other particulars Article 111, paragraph (1) lists.
Short name set inArticle 111, paragraph (1)
ordinary period for investigation
「一般調査期間」
The period for investigating bankruptcy claims (破産債権) that the court sets under Article 31, paragraph (1), item (iii) when it makes the order commencing bankruptcy proceedings.
Short name set inArticle 112, paragraph (1)
statutory lien
先取特権
A right the law itself gives certain creditors to be paid out of the debtor's property ahead of other creditors (Civil Code, Article 303). Some reach all of the debtor's property, such as a claim arising from employment (Article 306, item (ii)); others reach particular property only, such as a landlord's claim for rent and other debts under a lease of land or a building, which reaches, for land, the movables furnished to it or to a building used with it, the movables used on it and the crops or other fruits of it the tenant holds, and for a building, the movables the tenant has furnished it with (Articles 311 to 313). The Act on Land and Building Leases gives a landowner one over the tenant's building on the land for the last two years' rent that has fallen due (Article 12, paragraph (1)), which keeps its effect by the registration of the superficies or the land lease (Article 12, paragraph (2)).
Written by AI using Civil Code, Arts. 303, 306, 311, 312, 313 and Act on Land and Building Leases, Art. 12 as a reference.