Ohara & Furukawa

February 13, 2017

Who petitions for a bankruptcy in Japan?

In Japan, bankruptcy petitions can be brought by a variety of parties.  The most common situation is for the debtor to file for bankruptcy personally as a way to escape payment, but this does not always happen.  When a debtor refuses to file bankruptcy, it is often left to the creditor to file for bankruptcy on behalf of the debtor and submit evidence of unpaid debt as proof that the debtor can no longer make payments on debts.
February 10, 2017

What happens during an appeal in Japan?

Trial courts in Japan normally have one judge but appeals are heard by a panel of three judges.  These three judges reach their judgment on a majority vote.  Therefore, it is possible to still have a victorious result on appeal even though one judge does not agree with your position.
February 8, 2017

Is there any recourse for spouses in Japan who are facing domestic violence?

Domestic violence can take various forms, from physical abuse to mental abuse, and spouses who are victims of such abuse can feel as if there is nowhere to turn.  This is especially true if that spouse is a foreign national who might not have confidence in their Japanese language ability or have worries about their immigration status.  However, the Law on Prevention of Spouse Violence and Protection of Victims authorizes the Japanese government to support victims of such abuse through counseling, support and protective services. 
February 6, 2017

What does the “good conduct” requirement for permanent residence in Japan entail?

As part of the application to become a permanent resident of Japan, the foreign national must show that he or she is “of good conduct.”  This rather vague term covers a lot and there is a degree of subjectivity in how examiners may interpret it.  The most basic part of this requirement is following all laws and regulations in Japan but applicants should be especially careful while their application is pending in order to ensure that they have the greatest chance for meeting this requirement.