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pointVoluntary bankruptcy

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point What is Voluntary bankruptcy?

The voluntary bankruptcy is a system that all the debts were exempted instead of losing my property (The one necessary for life is excluded) in point that receives the decision of the bankruptcy as a rule, and the country made to relieve those who exceed it the debt by freely using it applying neither the income after the bankruptcy adjudication nor the property that was able to be renewed to the payoff of the debt, and to attempt an economical recovery.

Such a thing is not actually in the good one of hearing for a general person though it is not but there is seems to coming feeling this system cannot do an enough social life by adjusting, too. Moreover, it is not a thing of leading to the denial of the human nature either.

The voluntary bankruptcy system came to use it easily more than before by a new Bankruptcy Law of enforcement on January 1, 2005.

The flow of the procedure of the voluntary bankruptcy divides into three steps to put it briefly.

1,The person who cannot pay back the debt (insolvent state) states the voluntary bankruptcy.

2,and the bankruptcy adjudication are received.

3,and the immunity are stated and the immunity is received.

Please see "How to do " about the flow of the procedure of a detailed voluntary bankruptcy.

 

-Disadvantage by voluntary bankruptcy

It might be a thing that seems that it is an item about which it is anxious most for the person who tries to act as the person concerned to say what disadvantage you cause in doing the voluntary bankruptcy.

The thing like the under is caused by the voluntary bankruptcy if it concretely enumerates it.

1,It is described to the bankrupt list of names of the cities, towns, and villages public office. (Because it is material to issue public position proof, a general person cannot be seen. After the immunity is decided, it is blotted out. )

2,It is gazetted.

3,Qualification limitation in public law(It becomes a qualification stop when the bankrupt is a qualification owner of the lawyer, the certified public accountant, the judicial scrivener, and the licensed tax accountant, etc. and the business through the qualification cannot be done. )

4,Qualification limitation in private law(The bankrupt cannot become the guardian, the guarantor, and a testamentary executor, etc.Moreover, it becomes a retirement reason about the director in an employee of the unlimited partnership and the joint-stock company, companies, and limited companies and auditor. )

5,and the loan and credit cannot be used for a certain period.

(The following 6-10 is added in case of the receiver event.)

6,and my property cannot be managed without permission, and it dispose.

7,The obligation to do a necessary explanation by claiming the receiver and the creditor meeting is received.

8,A move of the address and a long-term travel cannot be done without the permission of the court.

9,The person might be restrained when admitting that the court is necessary.

10,and mail are delivered by the receiver, and the receiver can open the received mail.






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-Debt


Obligation that it is necessary to do constant supply to specific person.

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-Immunity


The debtor must escape an entire part of the debt.

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-Official gazette


Daily organization paper issued from Printing Bureau so that country may inform the general people of law, agreement, budget, notification, the Diet matter, human affairs, and appointment, etc.

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-Adjustment of debts


The solution exists besides the voluntary bankruptcy. It introduces the method and the content of such a procedure.

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-Receiver


Person who is elected by court, and investigates, fixes claim in bankruptcy, and pays off priority upon the bankrupt estate.

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-Judicial scrivener

Person who receives others' non-regular employees based on judicial scrivener law, and executes making document submitted to court and the Legal Affairs Bureaus of recording and deposit as a proxy.
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-Lawyer


Person who assumes doing act concerning appeal event to disputed case, non-event, and administrative agency and law clerical work of miscellaneous by the related person's request besides person concerned or trust of government and municipal offices to be duty.

It is necessary to possess the constant qualification provided depending on the lawyer method, and to be registered in the lawyer list of names with which Japan Federation of Bar Associations provides.



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