Section 1 Investigation of the Status of Bankrupt's Property
第一節 破産者の財産状況の調査
Article 153Evaluation of Property Values
第百五十三条(財産の価額の評定等)
Without delay after the commencement of bankruptcy proceedings, a bankruptcy trustee must evaluate the value of any and all of the property that belongs to the bankruptcy estate at the time of commencement of bankruptcy proceedings. In this case, the bankruptcy trustee may have the bankrupt attend the evaluation.
When they have completed the evaluation under the provisions of the preceding paragraph, a bankruptcy trustee must immediately prepare an inventory of assets and a balance sheet at the time of commencement of bankruptcy proceedings and submit them to the court.
If the total amount of property that belongs to a bankruptcy estate is less than the amount specified by the Rules of the Supreme Court, , with the permission of the court, a bankruptcy trustee may choose not to prepare and submit the balance sheet referred to in that paragraph, notwithstanding the provisions of the preceding paragraph.
A bankruptcy trustee may request a holder of a right of separate satisfaction to present the collateral subject to the right of separate satisfaction.
When a bankruptcy trustee seeks to evaluate the collateral referred to in the preceding paragraph, the holder of a right of separate satisfaction may not refuse it.
Article 155Sealing and Closing of Books
第百五十五条(封印及び帳簿の閉鎖)
A bankruptcy trustee may, when they find it necessary, have the court clerk, court enforcement officer, or notary put a seal on the property that belongs to a bankruptcy estate or remove the seal.
The court clerk may close books relating to the bankruptcy estate upon the petition of a bankruptcy trustee when they find it necessary.
Article 156Delivery of Property Belonging to Bankruptcy Estates
第百五十六条(破産財団に属する財産の引渡し)
The court may issue a ruling ordering that the bankrupt deliver the property that belongs to a bankruptcy estate to a bankruptcy trustee upon a petition of the bankruptcy trustee.
The court must interrogate the bankrupt when issuing the ruling referred to in the preceding paragraph.
An immediate appeal may be filed against the order on the petition referred to in paragraph (1).
第一項の申立てについての決定に対しては、即時抗告をすることができる。
When an order on the petition referred to in paragraph (1) and a judicial decision on the immediate appeal referred to in the preceding paragraph are made, the written judgments must be served upon the parties concerned. In this case, the provisions of the main clause of Article 10, paragraph (3) do not apply.
The ruling referred to in paragraph (1) does not become effective unless it becomes final and binding.
第一項の決定は、確定しなければその効力を生じない。
Article 157Reports to the Court
第百五十七条(裁判所への報告)
A bankruptcy trustee must submit a written report stating the following particulars to the court without delay after the commencement of bankruptcy proceedings:
破産管財人は、破産手続開始後遅滞なく、次に掲げる事項を記載した報告書を、裁判所に提出しなければならない。
the circumstances that have resulted in the commencement of bankruptcy proceedings;
破産手続開始に至った事情
the past and present status of the bankrupt and the bankruptcy estate;
whether there are circumstances that require a provisional order pursuant to the provisions of Article 177, paragraph (1) or officers' liability assessment order prescribed in Article 178, paragraph (1); and
other necessary particulars concerning bankruptcy proceedings.
その他破産手続に関し必要な事項
Beyond what is prescribed in the preceding paragraph, as determined by the court, a bankruptcy trustee must report to the court the status of the administration and disposal of the property that belongs to the bankruptcy estate and any other particulars ordered by the court.
Article 158Reports to Meetings for Reporting the Status of Property
第百五十八条(財産状況報告集会への報告)
At a meeting for reporting the status of property, a bankruptcy trustee must report the outline of the particulars stated in the items of paragraph (1) of the preceding Article.
Article 159Reports to Creditors' Meetings
第百五十九条(債権者集会への報告)
A bankruptcy trustee must report the status of the bankruptcy estate to a creditors' meeting as determined by a resolution at a creditors' meeting.
Section 2 Right of Avoidance
第二節 否認権
Article 160Avoidance of Acts Prejudicial to Bankruptcy Creditors
第百六十条(破産債権者を害する行為の否認)
The following acts (excluding acts concerning the provision of security or extinguishment of debt) may be avoided in the interest of the bankruptcy estate after the commencement of bankruptcy proceedings:
次に掲げる行為(担保の供与又は債務の消滅に関する行為を除く。)は、破産手続開始後、破産財団のために否認することができる。
an act conducted by the bankrupt with the knowledge that it would prejudice bankruptcy creditors; provided, however, that this does not apply when the person that has benefited from the act did not know at the time of the act that it would prejudice a bankruptcy creditor; or
an act that would prejudice bankruptcy creditors conducted by the bankrupt after the suspension of payments or filing of a petition to commence bankruptcy proceedings (referred to below as "suspension of payments, etc." in this Section) has taken place; provided, however, that this does not apply when the person that has benefited from the act did not know at the time of the act that the suspension of payments, etc. had taken place nor that the act would prejudice a bankruptcy creditor.
With respect to an act concerning the extinguishment of debt conducted by the bankrupt, if the value of the performance received by the creditor exceeds the amount of the debt extinguished by the act, and the act satisfies any of the requirements stated in the items of the preceding paragraph, the act may be avoided in the interest of the bankruptcy estate after the commencement of bankruptcy proceedings only with regard to the part other than the part equivalent to the amount of the extinguished debt.
A gratuitous act or an onerous act that should be deemed to be equivalent to a gratuitous act conducted by the bankrupt after or within six months prior to the suspension of payments, etc. may be avoided in the interest of the bankruptcy estate after the commencement of bankruptcy proceedings.
Article 161Avoidance of Acts of Disposing of Property While Receiving Reasonable Consideration
第百六十一条(相当の対価を得てした財産の処分行為の否認)
When the bankrupt has received reasonable consideration from the other party to an act after conducting the act of disposing of property, the act may be avoided in the interest of the bankruptcy estate after the commencement of bankruptcy proceedings, only if it satisfies all of the following requirements:
the act has the actual risk that the bankrupt would conceal, gratuitously convey, or otherwise dispose of the property in a manner prejudicial to bankruptcy creditors (referred to below as "concealing or carrying out other disposal") by realizing real property or otherwise changing the type of property through the disposal;
the bankrupt had the intention of concealing or carrying out other disposal of the money or any other property received as consideration for the act at the time of the act; or
the other party had the knowledge that the bankrupt had the intention of concealing or carrying out other disposal referred to in the preceding item at the time of the act.
For the application of the provisions of the preceding paragraph, if the other party to the act is any of the following persons, at the time of the act the other party is presumed to have known that the bankrupt had the intention of concealing or carrying out other disposal referred to in item (ii) of that paragraph:
if the bankrupt is a corporation, its director, company director, executive officer, inspector, company auditor, liquidator, or any other person equivalent to them;
破産者が法人である場合のその理事、取締役、執行役、監事、監査役、清算人又はこれらに準ずる者
if the bankrupt is a corporation, a person that falls under any of the persons stated in the following sub-items (a) through (c) in relation to the bankrupt:
破産者が法人である場合にその破産者について次のイからハまでに掲げる者のいずれかに該当する者
a person that holds the majority of voting rights of all shareholders of the stock company that is the bankrupt;
破産者である株式会社の総株主の議決権の過半数を有する者
the parent corporation when the majority of voting rights of all shareholders of the stock company that is the bankrupt are held by its subsidiary stock company or jointly by the parent corporation and its subsidiary stock company;
Article 162Avoidance of Grant of Collateral to Specific Creditors
第百六十二条(特定の債権者に対する担保の供与等の否認)
The following acts (limited to acts concerning the provision of security or extinguishment of debt conducted with regard to an existing debt) may be avoided in the interest of the bankruptcy estate after the commencement of bankruptcy proceedings:
次に掲げる行為(既存の債務についてされた担保の供与又は債務の消滅に関する行為に限る。)は、破産手続開始後、破産財団のために否認することができる。
the act conducted by the bankrupt after becoming unable to pay debts or a petition to commence bankruptcy proceedings was filed; provided, however, that this applies only when the creditor had known either of the facts specified in the following sub-item (a) or (b) in accordance with the category stated in sub-item (a) or (b), respectively at the time of the act:
if the act was conducted after the bankrupt had become unable to pay debts:the fact that the bankrupt was unable to pay debts or suspended payments
当該行為が支払不能になった後にされたものである場合 支払不能であったこと又は支払の停止があったこと。
if the act was conducted after a petition to commence bankruptcy proceedings had been filed:the fact that a petition to commence bankruptcy proceedings was filed; or
当該行為が破産手続開始の申立てがあった後にされたものである場合 破産手続開始の申立てがあったこと。
an act that is not included in the scope of the bankrupt's obligation or the time of performance of the act, which was conducted within 30 days before the bankrupt became unable to pay debts; provided, however, that this does not apply if the creditor did not know at the time of the act that the act would prejudice other bankruptcy creditors.
For the purpose of application of the provisions of item (i) of the preceding paragraph, in the following cases, the creditor is presumed to have known, at the time of the act stated in that item, the facts specified in the following sub-item (a) or (b) in accordance with the category of the case stated in sub-item (a) or (b), respectively (in the case stated in sub-item (a) of that item, both the fact that the bankrupt was unable to pay debts and the fact that the bankrupt suspended payments):
when the creditor is any of the persons stated in the items of paragraph (2) of the preceding Article; or
債権者が前条第二項各号に掲げる者のいずれかである場合
when the act stated in item (i) of the preceding paragraph is not included in the scope of the bankrupt's obligation or the means taken or time of performance of the act.
For the application of the provisions of the items of paragraph (1), after suspension of payments took place (limited to suspension that took place within one year prior to the filing of a petition to commence bankruptcy proceedings), the bankrupt is presumed to have been unable to pay debts.