If any security interest (meaning a special statutory lien, pledge, mortgage, or a right of retention under the provisions of the Commercial Code or the Companies Act; the same applies below in this Section) exists at the time of commencement of bankruptcy proceedings against property that belongs to the bankruptcy estate, if it is in the common interest of bankruptcy creditors to extinguish the security interests by selling the property by private contract, a bankruptcy trustee may file a petition to the court for permission to sell the property by private contract and extinguish all security interests on the property by paying to the court the amount of money specified in each of the following items in accordance with the category stated in the respective items; however, this does not apply if it is found that this would unduly harm the interest of the persons who hold the security interests:
破産手続開始の時において破産財団に属する財産につき担保権(特別の先取特権、質権、抵当権又は商法若しくは会社法の規定による留置権をいう。以下この節において同じ。)が存する場合において、当該財産を任意に売却して当該担保権を消滅させることが破産債権者の一般の利益に適合するときは、破産管財人は、裁判所に対し、当該財産を任意に売却し、次の各号に掲げる区分に応じてそれぞれ当該各号に定める額に相当する金銭が裁判所に納付されることにより当該財産につき存するすべての担保権を消滅させることについての許可の申立てをすることができる。ただし、当該担保権を有する者の利益を不当に害することとなると認められるときは、この限りでない。
when a bankruptcy trustee seeks to transfer part of the amount of money that can be obtained from the counterparty through sale (excluding the amount of money consisting of the amount of actual costs already paid or to be paid in the future from the bankruptcy estate for concluding and performing the sales contract and the amount of consumption tax, etc. to be imposed on the transfer of the property (meaning the amount of consumption tax and the amount of local consumption tax to be imposed based on the former amount as a tax base; hereinafter the same applies in this Section), which is to be borne by the counterparty under the sales contract; referred to below as "proceeds" in this Section) into the bankruptcy estate: the amount obtained by deducting the amount of money to be deducted from the proceeds and added to the bankruptcy estate (referred to below as the "money deducted from the proceeds and added to the bankruptcy estate" in this Section) from the amount of proceeds; or
cases other than the one stated in the preceding item:the amount of proceeds.
In the case stated in item (i) of the preceding paragraph, a bankruptcy trustee that seeks to file a petition referred to in that paragraph must consult with the person that holds the security interest in question in advance with regard to the amount of money deducted from the proceeds and added to the bankruptcy estate.
The petition referred to in paragraph (1) must be filed by means of a document stating the following particulars (referred to below as a "written petition" in this Section):
第一項の申立ては、次に掲げる事項を記載した書面(以下この節において「申立書」という。)でしなければならない。
the indication of the property that is the subject of a security interest;
担保権の目的である財産の表示
the amount of proceeds (if the property referred to in the preceding item consists of two or more pieces of property, the amount of proceeds and the amount allocated to each piece of property);
the name of the counterparty to the sale of the property referred to in item (i);
第一号の財産の売却の相手方の氏名又は名称
the indication of the security interest required to be extinguished;
消滅すべき担保権の表示
the amount of claim secured by the security interests referred to in the preceding item;
in the case stated in paragraph (1), item (i), the amount of money to be deducted from the proceeds and added to the estate (if the property referred to in item (i) consists of two or more pieces of property, the amount of money to be deducted from the proceeds and added to the bankruptcy estate and the amount allocated to each piece of property); and
the content and process of the consultation under the provisions of the preceding paragraph.
前項の規定による協議の内容及びその経過
A document stating the content of the sales contract for the sale of the property referred to in item (i) of the preceding paragraph (including, of the costs required for concluding and performing the sales contract, the amount of actual costs already paid or to be paid in the future from the bankruptcy estate, and an amount equivalent to the amount of consumption tax, etc. to be imposed on the transfer of the property, which is to be borne by the counterparty under the sales contract) must be attached to the written petition.
If a petition referred to in paragraph (1) is filed, the written petition and the document referred to in the preceding paragraph must be served upon the person that holds the security interest referred to in paragraph (3), item (iv) which is stated in the written petition (referred to below as a "designated security interest holder" in this Section). In this case, the provisions of the main clause of Article 10, paragraph (3) do not apply.
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