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.
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.
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.
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%.