When there is a committee consisting of bankruptcy creditors, upon the petition of an interested person, the court may approve the participation of the committee in bankruptcy proceedings as provided for by this Act; provided, however, that this applies only when all of the conditions referred to in the following items are met:
the number of committee members is not less than three and not more than the number specified by the Rules of the Supreme Court;
委員の数が、三人以上最高裁判所規則で定める人数以内であること。
it is found that the majority of bankruptcy creditors consent to the committee's participation in bankruptcy proceedings; and
it is found that the committee properly represents the interest of bankruptcy creditors as a whole.
当該委員会が破産債権者全体の利益を適切に代表すると認められること。
When the court finds it necessary, it may request the approved committee pursuant to the provisions of the preceding paragraph (referred to below as the "creditors' committee") to state its opinion in bankruptcy proceedings.
The creditors' committee may state its opinion to the court or a bankruptcy trustee in bankruptcy proceedings.
When it is found that the creditors' committee has carried out activities that contribute to ensuring smooth progress of bankruptcy proceedings, upon the petition of a bankruptcy creditor that has incurred necessary expenses for the activities, the court may permit reimbursement of the amount of expenses which it finds reasonable to the bankruptcy creditor from the bankruptcy estate. In this case, a claim for the expenses is to be a claim on the estate.
Upon the petition of an interested person or by its own authority, the court may rescind the approval given pursuant to the provisions of paragraph (1) at any time.
裁判所は、利害関係人の申立てにより又は職権で、いつでも第一項の規定による承認を取り消すことができる。
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