When a judgment finding the bankrupt guilty for the crime stated in Article 265 has become final and binding, upon the petition of a bankruptcy creditor or by its own authority, the court may issue an order of reversal of discharge. The same applies when an order to grant a discharge was issued due to unlawful means used by the bankrupt, and a bankruptcy creditor has filed a petition for reversal of discharge within one year after the order to grant a discharge was issued.
The court must, when it has issued an order of reversal of discharge, immediately serve the written judgment upon the bankrupt and the petitioner, and a document stating the main text of the order upon bankruptcy creditors, respectively. In this case, with regard to service of the written judgment, the provisions of the main clause of Article 10, paragraph (3) do not apply.
An immediate appeal may be filed against a judicial decision on the petition referred to in paragraph (1) and an order of reversal of discharge by the court's own authority.
第一項の申立てについての裁判及び職権による免責取消しの決定に対しては、即時抗告をすることができる。
When a judicial decision on the immediate appeal stated in the preceding paragraph is made, the written judgment must be served upon the parties concerned. In this case, the provisions of the main clause of Article 10, paragraph (3) do not apply.
When an order of reversal of discharge becomes final and binding, the order to grant a discharge ceases to be effective.
免責取消しの決定が確定したときは、免責許可の決定は、その効力を失う。
When an order of reversal of discharge has become final and binding, if there is a person that has acquired a claim against the bankrupt arising from a cause that occurred after the order to grant a discharge was issued and before the order of reversal of a discharge has become final and binding, the person has the right to receive payment of their claim in preference to other creditors in new bankruptcy proceedings.
The provisions of paragraph (3) of the preceding Article apply mutatis mutandis when an order of reversal of a discharge becomes final and binding.
前条第三項の規定は、免責取消しの決定が確定した場合について準用する。
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