August 1, 2017

What types of cases do public prosecutors handle in Japan?

Public prosecutors in Japan handle a variety of cases but in general they are split between two types: violations of Japan’s penal code (criminal cases) and violations of traffic laws.  Statistically, the numbers of these cases are similar but criminal cases make up a small majority.
July 11, 2017

What happens to the contracts that a debtor is still performing at the start of a bankruptcy proceeding?

Sometimes, a debtor will still be in the process of performing a contract when he or she files for bankruptcy.  If the contract is still at a stage where both the debtor and the contracting party have not finished their performance, the liquidator often has the choice between continuing the contract or canceling it completely.  If performance on the contract would result in further assets for the debtor to distribute to creditors, it is in court’s interest to allow the debtor to continue performance of the contract.
June 19, 2017

Can compulsory execution be used on a debtor with little to no assets?

In many cases, the largest obstacle to collecting a debt is simply that the debtor does not have the money to pay.  Therefore, even after obtaining a judgment and filing for compulsory execution, if the debtor doesn’t have money to pay the debt, there is little hope of a full recovery.  In situations where it seems that the debtor simply does not have enough money to satisfy a debt, it may be more cost effective to approach the matter through negotiation. 
May 26, 2017

Is it important to set an installment payment schedule with a debtor?

Establishing a payment plan with a debtor has several advantages.  First, by breaking up a larger payment into smaller installments, it allows the debtor to make more realistic payments and removes the temptation to stop payment because the value of the debt is too high to pay off entirely.  Additionally, being able to show that a debtor has may progress in making installment payments toward the full value of the debt can be used as strong evidence in court that the debtor acknowledges the full value of the debt and has promised to pay.