If, with regard to the following documents and other materials, a prima facie showing is made to the effect that there is a part (referred to below in this Article as the "detrimental part") likely to be significantly detrimental to the administration or realization of the bankruptcy estate (prior to the commencement of bankruptcy proceedings, the debtor's property) if an interested person conducts the inspection or copying of them, the issuance of an authenticated copy, transcript, or extract of them, or the reproduction of them (referred to below in this Article as "access"), the court, upon the petition of the bankruptcy trustee or temporary administrator that submitted the documents and other materials in question, may limit the persons that may make a request for access to the detrimental part to the person that has filed the petition (if that person is a temporary administrator, the temporary administrator or a bankruptcy trustee; the same applies in the following paragraph):
documents and other materials submitted to the court for the purpose of obtaining permission under Article 36, the proviso to Article 40, paragraph (1), or the proviso to paragraph (1) of that Article as applied mutatis mutandis pursuant to Article 40, paragraph (2) (including as applied mutatis mutandis pursuant to Article 96, paragraph (1)), Article 78, paragraph (2) (including as applied mutatis mutandis pursuant to Article 93, paragraph (3)), Article 84 (including as applied mutatis mutandis pursuant to Article 96, paragraph (1)) or the proviso to Article 93, paragraph (1); and
documents and other materials related to the report under the provisions of Article 157, paragraph (2).
When the petition stated in the preceding paragraph is filed, an interested person (excluding the one who filed the petition stated in that paragraph; the same applies in the following paragraph) may not make a request for access of the detrimental part until a judicial decision on the petition becomes final and binding.
An interested person that intends to make a request for access of the detrimental part may file a petition to the bankruptcy court for reversal of the order issued under the provisions of paragraph (1), on the grounds that the requirement prescribed in that paragraph is not met or is no longer met.
An immediate appeal may be filed against an order dismissing the petition stated in paragraph (1), and a judicial decision on the petition stated in the preceding paragraph.
An order to reverse the order under the provisions of paragraph (1) does not become effective unless it becomes final and binding.
第一項の規定による決定を取り消す決定は、確定しなければその効力を生じない。
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