Japan Compliance

In the realm of criminal law, liability typically arises from an affirmative, voluntary act—a "commission." However, legal systems worldwide, including Japan's, recognize that there are circumstances where a failure to act, an "omission," can attract criminal responsibility. This concept, while an exception to

When individuals or businesses in Japan face overwhelming financial obligations, the Japanese legal system offers several distinct pathways for debt restructuring and resolution. These range from informal, out-of-court negotiations to comprehensive court-supervised reorganizations and liquidations. Selecting the most appropriate procedure is a critical strategic decision that can profoundly impact the

When a Japanese business partner or counterparty initiates a formal insolvency proceeding, it's common for international business professionals to use the term "bankruptcy" as a general descriptor. However, Japan has distinct procedures for liquidation (Bankruptcy - 破産 Hasan) and reorganization. If your counterparty has filed for

When an individual or business in Japan seeks legal assistance for debt restructuring, one of the most fundamental and critical initial tasks for their lawyer is to conduct a thorough investigation to ascertain the full extent of the debtor's liabilities. An incomplete or inaccurate understanding of the debt

In the realm of Japanese overpayment claims (kabarai-kin - 過払金), where debtors seek refunds of excess interest paid to lenders, one of the most significant and frequently litigated defenses raised by lenders is the "interruption of transactions" (取引の分断 - torihiki no bundan). Lenders assert this defense to argue

In Japan, for individuals and sometimes businesses that have engaged in long-term borrowing from consumer finance companies or credit card issuers, a significant, often overlooked, financial asset may exist: "overpayment claims" or kabarai-kin (過払金). These claims arise from past payments of interest at rates exceeding the statutory limits

In Japan, "pair loans" (ペアローン - pea rōn) and other forms of co-borrowing for residential mortgages have become increasingly common, allowing couples or family members to combine their financial capacities to purchase a home. However, when one of the co-borrowers faces financial distress and seeks Individual Civil Rehabilitation

Sole proprietors and individual business owners in Japan who face insolvency often confront a unique set of challenges. Beyond personal financial distress, they may be deeply concerned about the continuation of their livelihood and the potential loss of essential professional licenses if they were to undergo bankruptcy. "Small-Scale Individual

For salaried individuals in Japan facing overwhelming debt, the prospect of losing their home can be a primary concern. Individual Civil Rehabilitation (個人再生 - Kojin Saisei) is a court-supervised procedure designed to help such individuals restructure their finances, significantly reduce their unsecured debts, and, crucially, often retain their primary residence

When a small to medium-sized enterprise (SME) in Japan faces severe financial distress, the prospect of closure can be daunting for its owners, employees, and creditors. However, Japanese law provides a robust framework for business reorganization known as Civil Rehabilitation (民事再生 - Minji Saisei). Unlike bankruptcy, which leads to liquidation,

When a corporation in Japan becomes insolvent and formally enters bankruptcy proceedings (法人破産 - hōjin hasan), the Japanese court appoints a pivotal figure to oversee the entire process: the bankruptcy trustee (hasan kanzai'nin - 破産管財人). This individual, typically an independent lawyer, steps in to manage the bankrupt company&

Bankruptcy among younger individuals, including those in their early stages of employment, is a growing concern in many economies, including Japan. While often possessing fewer assets than older debtors, young employees facing insurmountable debt may still find themselves navigating a court-supervised bankruptcy process that involves a trustee. In Japan, even

When a small to medium-sized enterprise (SME) in Japan, such as a local subsidiary of a foreign company, faces insurmountable financial distress, and its representative director is personally entangled through guarantees, a common path to resolution is a concurrent bankruptcy filing for both the company and the director. In many

When individuals in Japan face insurmountable debt, personal bankruptcy (自己破産 - jiko hasan) offers a legal pathway to a financial fresh start. This court-supervised process aims to fairly distribute a debtor's available assets among creditors and, crucially, to grant a discharge (免責 - menseki) from most remaining debts.

For many salaried individuals in Japan, homeownership represents a significant achievement and a cornerstone of family life. When unsecured debts—such as those from credit cards, personal loans, or even loans taken for family support—become overwhelming, the fear of losing one's home due to these other financial

In the landscape of Japanese debt restructuring, particularly concerning consumer loans and credit card debt, the concept of kabarai-kin (過払金), or "overpayment claims," plays a uniquely significant and often pivotal role. These are claims for the refund of money paid to lenders in excess of the legally permissible

When individuals or, less commonly, small businesses in Japan face mounting debts and the inability to meet repayment obligations, a range of debt resolution mechanisms are available. While court-supervised procedures like bankruptcy and civil rehabilitation offer comprehensive solutions, an often-preferred initial approach for many is an out-of-court process known as

When individuals or businesses in Japan face financial distress and seek legal assistance for debt restructuring, a primary concern for both the client and the lawyer is the matter of attorney fees. It presents a paradox: how does a party struggling with debt afford the legal expertise necessary to navigate

When individuals or businesses in Japan undertake debt restructuring procedures, one of the most significant and often misunderstood consequences relates to their credit information. The term "blacklist" (ブラックリスト - burakku risuto) is commonly used, evoking images of a definitive list of uncreditworthy individuals. However, the reality of how