Japan Compliance

When a property owner goes bankrupt, what happens to the rights of tenants and, more complexly, sub-tenants, especially if the sub-lease was created after the owner's bankruptcy proceedings had already commenced? Japanese bankruptcy law generally restricts the creation or perfection of new rights over the bankrupt's

The path of litigation in Japan, as in many legal systems, can be lengthy, often proceeding through a district court, a high court, and potentially culminating in an appeal to the Supreme Court, which primarily reviews questions of law. A unique procedural challenge arises when a party to a lawsuit—

When a debtor enters bankruptcy proceedings in Japan, creditors must typically file a proof of their claim with the court to participate in any distribution of the bankrupt's assets. A crucial effect of properly filing such a claim is that it generally "interrupts" the running of

The right of set-off (相殺 - sōsai) in Japanese insolvency law provides a powerful mechanism for a creditor who also owes a debt to the insolvent entity to achieve a form of preferential recovery. However, this right is carefully circumscribed by statute to ensure fairness among all creditors. A significant

The right of set-off (相殺 - sōsai) is a significant feature of Japanese bankruptcy law, allowing a creditor who also owes a debt to the bankrupt entity to offset these mutual obligations. This often results in the creditor obtaining a more favorable recovery than general unsecured creditors. However, the Bankruptcy

The right of set-off (相殺 - sōsai) in Japanese bankruptcy law allows a creditor who also owes a debt to the bankrupt estate to net these mutual obligations. This can result in the creditor receiving a de facto preferential payment on their claim. However, to ensure fairness among all creditors,

The right of set-off (相殺 - sōsai) is a potent tool for creditors in Japanese insolvency proceedings, such as civil rehabilitation. It allows a creditor who also owes a debt to the insolvent debtor to net these mutual obligations, often leading to a more favorable recovery for that creditor compared

In the landscape of Japanese bankruptcy law, the right of set-off (相殺 - sōsai) serves as a vital, albeit carefully regulated, mechanism. It allows a party who is both a creditor and a debtor to a bankrupt entity to net out their mutual obligations. This can effectively provide the creditor

The right of set-off (相殺 - sōsai) is a significant tool for creditors in Japanese bankruptcy proceedings. It allows a party who is both a creditor and a debtor to the bankrupt to net out their mutual obligations, often resulting in the creditor effectively receiving a preferential recovery on their

The right of set-off (相殺 - sōsai) is a powerful tool for creditors in Japanese bankruptcy proceedings. If a creditor also happens to owe a debt to the bankrupt entity, they can often "set off" these mutual obligations, effectively allowing the creditor to receive preferential payment on their

In Japanese civil rehabilitation proceedings, a common and vital tool for facilitating a debtor company's turnaround is the "agreement on the right of separation" (別除権協定 - betsujoken kyōtei). This is a negotiated settlement between the financially distressed debtor company and its secured creditors regarding the treatment

In Japanese bankruptcy proceedings, a secured creditor holds a "right of separation" (別除権 - betsujoken), allowing them to satisfy their claim from specific collateral outside the general distribution to unsecured creditors. However, these secured creditors can only participate in general bankruptcy distributions for any deficiency remaining after realizing

In Japan, "retention of title" (所有権留保 - shoyūken ryūho) is a widely used security device in installment sales, particularly for automobiles. Under this arrangement, the seller retains legal ownership of the vehicle until the buyer completes all payments. This provides security for the unpaid purchase price. Often, a

"Security by transfer of title" (譲渡担保 - jōto tanpo) is a long-standing, non-statutory form of security commonly used in Japanese commercial transactions. Under this arrangement, a debtor formally transfers legal title of an asset (movable or immovable) to a creditor to secure an obligation, with the understanding that