Ohara & Furukawa, Author at Ohara & Furukawa

March 8, 2017

What is a “bankruptcy estate” in Japan?

When a debtor files for bankruptcy the court needs a way to organize all of the debtor’s belongings so that they can easily be divided up among the creditors. Courts will do this by categorizing all of the debtor’s assets in what is called a “bankruptcy estate.”

March 6, 2017

What is required for an attorney to represent a client in Japan?

In order to have an attorney represent you in Japan, it is necessary to sign a power of attorney. This power of attorney should authorize the lawyer to act as your representative in the litigation and to take all necessary measures to successfully resolve it. The expanse of the attorney’s powers should be wide enough that he or she can act freely within the litigation but should not extend beyond the end of the case or grant powers unrelated to legal work. As this power of attorney needs to be submitted to the court, it should be in Japanese and […]

March 3, 2017

How frequent are divorce mediation sessions in Japan?

At the end of each divorce mediation session in Japan, the mediators will work with the divorcing couple to determine the next mediation date. Usually the mediators will pick a date approximately one month in the future and then attempt to work with the couple to fix the next session around that date. Each couple will be asked separately about their schedule so it can take time to come to a final decision regarding the next session as the spouses may need to be called back and forth in order to negotiate a time that works for both spouse and […]

March 1, 2017

How do you appeal a wrongful detention in Japan?

If a detained foreign national wishes to contest his or her detention, the foreigner may request a hearing to review whether the immigration inspector made any errors in deciding to detain. This hearing should take place within three days from the request. A special inquiry officer, designated from one of the senior class immigration examiners, will review the foreigner’s case for possible errors. This review can include examining witnesses and evidence to establish the necessary facts of the case.