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.
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(Access of Case Documents)
An interested person may make a request to the court clerk for the inspection of documents and any other materials…
利害関係人は、裁判所書記官に対し、この法律(この法律において準用する他の法律を含む。)の規定に基づき、裁判所に提出され、又は裁判所が作成した文書その他の物件(以下この条及び次条第一項において「文書等」という。)の閲覧を請求することができる。
Open this provision(Objection to Distribution Lists)
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…
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。
Open this provision(Objection to Distribution Lists)
An immediate appeal may be filed against a judicial decision on the objection raised under the provisions of paragraph (1).
第一項の規定による異議の申立てについての裁判に対しては、即時抗告をすることができる。この場合においては、配当表の更正を命ずる決定に対する即時抗告の期間は、第十一条第一項の規定により利害関係人がその裁判書の閲覧を請求することができることとなった日から起算する。
Open this provisionbankruptcy 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
holders of filed bankruptcy claims
「届出をした破産債権者」
A bankruptcy creditor (破産債権者) who has filed proof of a bankruptcy claim under Article 111, 112 or 114.
Short name set inArticle 31, paragraph (5)
period of exclusion concerning a final distribution
「最後配当に関する除斥期間」
In Chapter VIII, Sections 2 and 5, the period within which a creditor must act to take part in the final distribution (最後配当): two weeks from the day the bankruptcy trustee's public notice under Article 197, paragraph (1) takes effect, or from the day the trustee reports to the court under Article 197, paragraph (3) that its notices should have reached the creditors who filed claims, as Article 198, paragraph (1) provides.
Short name set inArticle 198, paragraph (2)· applies only in this section and in Chapter 8, Section 5
service
送達
The delivery of a document in a court proceeding, such as a lawsuit, to the person it is for, by a procedure the law lays down: unless a provision says otherwise, the court carries it out of its own motion, the court clerk handles the work (Code of Civil Procedure, Article 98), and the person who effects it reports on it to the court in writing (Article 100, paragraph (1)); the complaint must be served on the defendant (Article 138, paragraph (1)), and the judgment on the parties (Article 255, paragraph (1)). A document is served by post or by a court enforcement officer (執行官) (Article 101, paragraph (1)), as a rule by handing it to the person (Article 102-2), at their address, residence, place of business or office, or at their workplace where those are unknown or service there meets an obstacle (Article 103); each party, legal representative and litigation representative (訴訟代理人) must tell the court a place in Japan where they are to be served (Article 104, paragraph (1)), and service abroad is made at the presiding judge's request to that country's authorities or to a Japanese ambassador, minister or consul there (Article 108). If the person is not found at a place other than their workplace, the document may be handed to an employee or a person living with them who can be trusted to receive it, and if it is refused without a legitimate reason it may be left there (Article 106, paragraphs (1) and (3)); where it cannot be served in those ways, the court clerk may send it by registered mail, and it counts as served when it is sent (Article 107, paragraphs (1) and (3)). An electronic record can also be served through the courts' electronic system on a person who has registered for it, by making it available to them and sending them a notice, and that service takes effect when they view it or save it to their computer, or one week after the notice was sent, whichever comes first (Articles 109-2, paragraph (1), and 109-3, paragraph (1)); a person who must make filings online, such as a litigation representative (訴訟代理人) entrusted with the case, can be served this way even without registering, and without a notice, the week then running from when the record was made available (Articles 109-4 and 132-11, paragraph (1)). Where a party's address or other place for service is unknown, among other cases, the court clerk may serve by publication (公示送達), on petition or where the court orders it, and serves the same party by publication again of the clerk's own motion, as a rule (Article 110, paragraphs (1) to (3)): that the clerk holds the document and will hand it over at any time is made available for anyone to view, by a method the Supreme Court's rules (最高裁判所規則) set, and posted on the court's notice board or shown on a screen at the court (Article 111), and service takes effect two weeks after that begins, or six weeks for service to be made abroad, though one made again of the clerk's own motion takes effect the day after it begins (Article 112, paragraphs (1) and (2)). Some time limits run from service: an appeal to the court of second instance (控訴), for one, must be filed within two weeks of the day the judgment is served (Article 285).
Written by AI using Code of Civil Procedure, Arts. 98, 100 to 104, 106 to 112, 132-11, 138, 255, 285 as a reference.