業務内容

Bankruptcy Law and
Corporate Reorganization/ Rehabilitation

Bankruptcy Law and
Corporate Reorganization/ Rehabilitation

Iwata Godo provides corporations that need rehabilitation of their respective business with advice and proposals on various rehabilitation measures. In case where statutory procedures such as corporate reorganization or civil rehabilitation are required for the purpose, we represent our clients in filing and following proceedings. For example, we have represented listed companies in filing of corporate reorganization procedures as well as civil rehabilitation procedures. We are also well experienced in pre-packaged business rehabilitation cases that utilize means such as business assignment, corporate separation, so-called DIP finance, debt-equity swap and so on. Further, we have experiences in all sorts of insolvency related procedures including filings for bankruptcy and special liquidation as well as being appointed as trustees in various procedures and standing representative.

On the other hand, Iwata Godo, having numbers of financial institutions as its client, is often requested to provide legal services advising and representing the creditor in cases of insolvency of various magnitudes. Legal services we offer in order to protect interests of the creditor include mobilization of all sorts of prompt and flexible measures covering all the areas and aspects of debt collection from (i) negotiation with the debtor and preservation measures preceding the bankruptcy proceedings, (ii) filing of bankruptcy of the debtor from creditor’s side, (iii) filing of petition for bankruptcy claim assessment to (iv) negotiation and cooperation with bankruptcy trustees and supervisors in the course of the bankruptcy proceedings. We are increasingly involved in providing legal assistance in various business rehabilitation cases that utilize such means and/or systems as the Guidelines for Out-of-Court Work-outs, the Turnaround ADR and the Enterprise Turnaround Initiative Corporation, mainly on behalf of the client financial institutions, through development and legal examination of business rehabilitation schemes.

Publications Related to Bankruptcy Law and
Corporate Reorganization/ Rehabilitation

  • 2015.08

    Sakamoto Masafumi's commentary titled "Teikoku Databank, Ltd. Conducts a Follow-up Survey on 118 Listed Companies who Filed for Proceedings under the Civil Rehabilitation Act"is available on the Shoji Homu Portal Site.

  • 2014.12

    Izumi Atsushi's commentary titled "Ministry of Justice Starts Invitation for Opinion on Enforcement Order of Corporate Reorganization Act Following the Revision of Company Law and Revised Ordinance for Enforcement of the Companies Act, etc." is available on the Shoji Homu Portal Site.

    Author:
    IZUMI Atsushi 
  • 2012.01

    Toji Yoshihiro and Aoki Shinji co-authored an article entitled ” Right of Retention under Commercial Law in Civil Rehabilitation procedure”, which appears in NBL Vol.969.

    Author:
    TOJI Yoshihiro  AOKI Shinji 

Practice Areas