Article 45Handling of Actions by the Subrogee and Actions for Rescission of Fraudulent Acts

①If an action filed by a bankruptcy creditor or holder of a claim on the estate pursuant to the provisions of Article 423, paragraph (1), Article 423-7 or Article 424, paragraph (1) of the Civil Code (Act No. 89 of 1896) is pending at the time of commencement of bankruptcy proceedings, the action is subject to a continuance.

②A bankruptcy trustee may take over the action which was subject to a continuance pursuant to the provisions of the preceding paragraph. In this case, a petition for taking over the action may also be filed by the opponent.

③In the case referred to in the preceding paragraph, the opponent's claim for court costs against the bankruptcy creditor or holder of a claim on the estate is a claim on the estate.

④If the bankruptcy proceedings are closed after the action was taken over under the provisions of paragraph (2), the bankruptcy proceedings which were subject to a continuance under the provisions of paragraph (1), the action is subject to a continuance.

⑤In the case referred to in the preceding paragraph, the bankruptcy creditor or holder of claim on the estate must take over the action. In this case, a petition for taking over the action may also be filed by the opponent.

⑥If the bankruptcy proceedings which were subject to a continuance under the provisions of paragraph (1) are closed before the proceeding action has been taken over under the provisions of paragraph (2), the bankruptcy creditor or holder of claim on the estate automatically takes over the action.