FAQ

October 11, 2016

What type of evidence should be collected before enforcing a debt in Japan?

Usually parties will negotiate among themselves through email before resorting to the legal process to enforce a debt.  If these negotiations fail, often the content of these email exchanges becomes the evidence in a legal case against the debtor.  Therefore, it is important to draft emails in a way that maximizes their potential use in future litigation.
September 12, 2016

When does bankruptcy start?

For individuals, bankruptcy starts when the person is unable to pay a debt and the time for payment has lapsed.  For corporations the standard is a little different.  Corporations may file for bankruptcy when they are unable to pay, similar to a normal person, or when they are in a state of “balance sheet insolvency.”  Balance sheet insolvency is when the corporation is unable to make payments even by selling its assets.
August 22, 2016

Is it possible to get a debt paid back from a company that files for bankruptcy?

It is always possible that a debtor company may file for bankruptcy if confronted with a debt that it cannot pay.  However, this does not necessarily mean that the creditor will not be able to collect at lease part of the debt.  A creditor should be given proper notice before the start of a bankruptcy hearing and will have a chance to claim part of the bankrupt debtor’s assets.
August 8, 2016

What is the interest rate used by courts in Japan?

The Japanese the Commercial Code specifies a statutory interest rate of 6% annual to be applied between merchants when no interest rate is specified in the contract.  If two business partners agree to a loan in their contract, but neglect to specify an interest rate, the court will automatically set the rate at 6%.