Ohara & Furukawa, Author at Ohara & Furukawa

May 8, 2017

What is “Balance Sheet Insolvent?”

One of the requirements for a corporation to enter bankruptcy in Japan is that it be “balance sheet insolvent.” Balance sheet insolvent means that even if the corporation has assets on hand, it cannot make full payment to all of its creditors even by selling all of its remaining assets. In essence, the company’s debt outweighs its assets.

May 4, 2017

What goes into a response brief in Japanese litigation?

The response brief is the first document that a defendant files after being sued. Similar to the plaintiff’s complaint, the answer is the defendant’s first chance to present his or her argument.

May 1, 2017

Can a child be voluntarily returned under the Hague Convention?

Abducting parents are free to return the abducted child voluntarily, even after the start of Hague litigation. Voluntarily returning a child to his or her home country is also often cheaper than engaging in a drawn out and difficult legal battle and may result in more favorable negotiation and cooperation between the parents in the future.

April 28, 2017

How do you register a newborn foreign national baby in Japan?

Babies born in Japan are not automatically given citizenship the way babies in America are. A baby born to two foreign nationals in Japan will need legal status to stay in Japan similar to any other foreign national. Therefore, the foreign parents of a baby in Japan should take the necessary steps to secure the baby’s legal status in Japan.