A trustee shall commence the administration of the rehabilitation debtor's business and property immediately after assuming office.〔【出典】日本法令外国語訳データベースシステム 〕
(1) If, after the period for filing proofs of claims has expired and before an order of confirmation of the rehabilitation plan becomes final and binding, it has become obvious that none of the grounds for petition for commencement of rehabilitation proceedings prescribed in Article 21(1) exist, the court, upon the petition of the rehabilitation debtor, a trustee or holder of filed rehabilitation claim, shall make an order of discontinuance of rehabilitation proceedings.〔【出典】日本法令外国語訳データベースシステム 〕
(1) On the date of a creditors meeting, the rehabilitation debtor, a trustee, holders of filed rehabilitation claims, and any person who has assumed a debt or provided security for the purpose of rehabilitation shall be summoned; provided, however, that when the order set forth in Article 34(2) is made, holders of filed rehabilitation claims shall not be required to be summoned, except on the date of a creditors meeting aimed for adopting a resolution on a proposed rehabilitation plan.〔【出典】日本法令外国語訳データベースシステム 〕
(1) In the event that a public interest corporation has dissolved by reasons other than merger, its liquidator (or a bankruptcy trustee in the event that the dissolution is caused by the ruling of commencement of bankruptcy) shall notify the administrative agency of such fact within one month after the date of such dissolution.〔【出典】日本法令外国語訳データベースシステム 〕
(1) The rehabilitation debtor, etc., without delay after the commencement of rehabilitation proceedings (in the case of a trustee, after assuming office), shall evaluate the value of any and all property that belongs to the rehabilitation debtor as of the time of commencement of rehabilitation proceedings.〔【出典】日本法令外国語訳データベースシステム 〕
(1) Where a rehabilitation creditor has acquired a right based on a rehabilitation claim after the commencement of rehabilitation proceedings with respect to the rehabilitation debtor's assets, if it is not by way of the act conducted by the rehabilitation debtor (or a trustee or the rehabilitation debtor if any trustee is appointed), the rehabilitation creditor may not assert such acquisition of the right as effective in relation to the rehabilitation proceedings.〔【出典】日本法令外国語訳データベースシステム 〕
(1) If, after an order of confirmation of the rehabilitation plan is made, the need to modify any matters specified in the rehabilitation plan arises due to unavoidable reasons, the court, only prior to the close of rehabilitation proceedings, upon the petition of the rehabilitation debtor, a trustee, supervisor or holder of filed rehabilitation claim, may modify the rehabilitation plan.〔【出典】日本法令外国語訳データベースシステム 〕
(1) Where a temporary restraining order under the provision of paragraph (1) of the preceding Article (including cases where applied mutatis mutandis pursuant to paragraph (7) of said Article) is issued, if an order of commencement of rehabilitation proceedings is made, a supervisor empowered to avoid or a trustee may continue the procedure pertaining to the temporary restraining order.〔【出典】日本法令外国語訳データベースシステム 〕
1 否認権は、訴え又は否認の請求によって、否認権限を有する監督委員又は管財人が行う。
(1) A right of avoidance shall be exercised by a supervisor empowered to avoid or a trustee by filing an action or making a request for avoidance.〔【出典】日本法令外国語訳データベースシステム 〕
(1) A supervisor empowered to avoid or a trustee may take over the action discontinued pursuant to the provision of Article 40-2(1), which is filed by a rehabilitation creditor pursuant to the provision of Article 424 of the Civil Code or action of avoidance or action of objection to an order upholding a request for avoidance under the provisions of the Bankruptcy Act. In this case, a petition for taking over of action may also be filed by the opponent.〔【出典】日本法令外国語訳データベースシステム 〕
(1) A foreign trustee, while representing a rehabilitation creditor who has not filed a proof of claim but has participated in foreign insolvency proceedings against the rehabilitation debtor, may participate in rehabilitation proceedings against the rehabilitation debtor; provided, however, that this shall only apply where the foreign trustee has the power to do so pursuant to laws and regulations of the foreign state concerned.〔【出典】日本法令外国語訳データベースシステム 〕
(1) In the case prescribed in the first sentence of Article 21(1), a foreign trustee may file a petition for commencement of rehabilitation proceedings against the rehabilitation debtor. In this case, for the purpose of application of the provision of Article 33(1), the term "Article 21" in Article 33(1) shall be deemed to be replaced with "the first sentence of Article 209(1)."〔【出典】日本法令外国語訳データベースシステム 〕
(1) In cases where the party ordering work is subject to a ruling for the commencement of bankruptcy procedures, the contractor or the trustee in bankruptcy may cancel the contract. In such cases, the contractor may participate in the distribution of the bankrupt estate with respect to remuneration for the work already performed and any costs not included in that remuneration.〔【出典】日本法令外国語訳データベースシステム 〕
(1) Where any act constituting the cause of registration is avoided, a supervisor or trustee shall apply for a registration of avoidance. The same shall apply where a registration is avoided.〔【出典】日本法令外国語訳データベースシステム 〕
(1) Where a supervisor, examiner, trustee, provisional administrator, individual rehabilitation commissioner, trustee representative or provisional administrator representative, in connection with his/her duties, has accepted, solicited or promised to accept a bribe, he/she shall be punished by imprisonment with work for not more than three years or a fine of not more than three million yen, or both.〔【出典】日本法令外国語訳データベースシステム 〕
(1) A bankruptcy trustee, when a fact constituting the grounds for commencement of rehabilitation proceedings exists with regard to the bankrupt, may file a petition for commencement of rehabilitation proceedings against the bankrupt, with permission of the court (meaning a judge or panel of judges in charge of the bankruptcy case; hereinafter the same shall apply in this Article).〔【出典】日本法令外国語訳データベースシステム 〕
(1) Where an administration order is issued, in an action relating to the rehabilitation debtor's property, a trustee shall stand as a plaintiff or defendant.〔【出典】日本法令外国語訳データベースシステム 〕
(1) If there are two or more trustees, they shall perform their duties jointly; provided, however, that with permission of the court, they may perform their duties independently or divide the duties among them.〔【出典】日本法令外国語訳データベースシステム 〕
1 管財人の任務が終了した場合には、管財人は、遅滞なく、裁判所に計算の報告をしなければならない。
(1) A trustee, upon the termination of his/her office, shall submit a report of account to the court without delay.〔【出典】日本法令外国語訳データベースシステム 〕
1 管財人は、再生債務者にあてた郵便物等を受け取ったときは、これを開いて見ることができる。
(1) A trustee, upon receiving a postal item, etc. addressed to the rehabilitation debtor, may open it and view its contents.〔【出典】日本法令外国語訳データベースシステム 〕
(1) A trustee, if necessary, may appoint one or more trustee representatives on his/her own responsibility, in order to have them perform his/her duties.〔【出典】日本法令外国語訳データベースシステム 〕
(1) A trustee, without permission of the court, may not accept the rehabilitation debtor's property or assign his/her own property to the rehabilitation debtor, or conduct any other transaction with the rehabilitation debtor on behalf of him/herself or a third party.〔【出典】日本法令外国語訳データベースシステム 〕
(1) The court, when an order of confirmation of the rehabilitation plan becomes final and binding, shall make an order of termination of rehabilitation proceedings, except where a supervisor or trustee is appointed.〔【出典】日本法令外国語訳データベースシステム 〕
(1) The court, when it finds it necessary in order for a trustee to perform his/her duties, may commission a person engaged in correspondence delivery to deliver, to a trustee, a postal item, etc. that is addressed to the rehabilitation debtor.〔【出典】日本法令外国語訳データベースシステム 〕
(10) The court, when it has made an order to postpone or continue the investigation of bankruptcy claims on the ordinary date of investigation, shall serve the written order upon a bankruptcy trustee, the bankrupt and holders of filed bankruptcy claims, except where it is rendered on said ordinary date of investigation.〔【出典】日本法令外国語訳データベースシステム 〕
(10) When a purchase offer is made, a bankruptcy trustee, in order to withdraw the petition set forth in Article 186(1), shall obtain consent from the applicant for purchase (after the order of permission set forth in paragraph (1) of the following Article becomes final and binding, the purchaser prescribed in paragraph (2) of said Article).〔【出典】日本法令外国語訳データベースシステム 〕
(12) The term "bankruptcy trustee" as used in this Act means a person who has a right to administer and dispose of property that belongs to the bankruptcy estate in bankruptcy proceedings.〔【出典】日本法令外国語訳データベースシステム 〕
(14) The term "bankruptcy estate" as used in this Act means a bankrupt's property, inherited property or trust property for which a bankruptcy trustee has an exclusive right to administration over and disposition of in bankruptcy proceedings.〔【出典】日本法令外国語訳データベースシステム 〕
(2) Where an order for the commencement of bankruptcy proceedings has been entered against the trust property, if the liquidation trustee has already made any payments to a creditor who holds a claim pertaining to an obligation covered by the trust property, the bankruptcy trustee may reclaim such payment.〔【出典】日本法令外国語訳データベースシステム 〕
(2) The debtor may request that a recognition trustee allow him/her to inspect the postal item, etc. set forth in the preceding paragraph received by the recognition trustee, or that the recognition trustee deliver it to him/her, if such postal item, etc. does not relate to the debtor's property in Japan.〔【出典】日本法令外国語訳データベースシステム 〕
(2) The rehabilitation debtor (limited to cases where a trustee is appointed) may make an objection in writing to the court, within the ordinary period for investigation, with regard to the content of the rehabilitation claim prescribed in the preceding paragraph.〔【出典】日本法令外国語訳データベースシステム 〕
(2) The rehabilitation debtor may request a trustee to let him/her inspect the postal item, etc. set forth in the preceding paragraph, received by the trustee, or deliver it to him/her, if such postal item, etc. does not relate to the rehabilitation debtor's assets.〔【出典】日本法令外国語訳データベースシステム 〕
(2) The rehabilitation debtor (limited to cases where a trustee is appointed) or a holder of filed rehabilitation claim may prepare a proposed rehabilitation plan and submit to the court within the period specified by the court.〔【出典】日本法令外国語訳データベースシステム 〕
2 再生手続が終了したときは、管財人を当事者とする再生債務者の財産関係の訴訟手続は、中断する。
(2) When the rehabilitation proceedings are closed, any action relating to the rehabilitation debtor's property in which a trustee stands as a party shall be discontinued.〔【出典】日本法令外国語訳データベースシステム 〕
(2) In addition to what is prescribed in the preceding paragraph, said paragraph shall also apply to a person who, knowing that an order of commencement of bankruptcy proceedings is made or provisional administration order is issued against a debtor, for the purpose of harming creditors, has acquired the debtor's property or has had a third party acquire it, without consent of a bankruptcy trustee or any other justifiable grounds.〔【出典】日本法令外国語訳データベースシステム 〕