Self-bankruptcy is a procedure in which a person in bankruptcy who is unable to repay a slumped debt can, through the court proceedings, “exclude debt” or “produce and distribute property”.
The flow of the bankruptcy procedure is actually a little more complicated.
It is because the flow of the bankruptcy procedure is different depending on whether or not there is property .
A person with property is treated as a trust case and a person without property is treated as a simultaneous abolition case and reviewed.
When you become self-insolved, you may be wondering which of these two cases applies.
Therefore we will thoroughly explain the flow of the bankruptcy procedure this time.
If you have already consulted a lawyer for bankruptcy, or if you have not done anything, I think it will be helpful.
Table of contents
- Check the whole flow of self-bankruptcy! About bankruptcy procedure and immunity procedure
- Flow from a personal bankruptcy claim to a decision to start a bankruptcy proceeding
- Flow of procedure of simultaneous abolition and administration case after decision to start bankruptcy proceedings
- Flow of procedure of simultaneous abolition case
- Flow of procedure of administration case
- Difference between costs of simultaneous abolition case and administration case
- Cost of simultaneous abolition case
- Cost of administration case
- Difference between simultaneous abolition case and administrative case incident
- Flow of immunity procedure
- Exemption hearing questions and disclaimer (non-bankruptcy) conditions
- The probability that the bankruptcy procedure will not be exempt is almost 0%
- Expert request rate is over 95%! Talk to a lawyer or judicial scrivener before the bankruptcy procedure
- The merit of asking a lawyer or judicial scrivener to go to bankruptcy procedure
- We can stop collection from creditor
- We can entrust all work such as making of documents
- There is a high probability of disclaimer decision
- There is an additional benefit to asking a lawyer
- You will be asked if you should go into bankruptcy
- Lawyer office and judicial scrivener office offering free consultation
- Earth Law Office (lawyer)
- Namura law office (lawyer)
- Judicial scrivener corporation Sugiyama office (judicial scrivener)
- 【Summary】 The flow of bankruptcy is complicated! It is best to consult with a specialist to go through a bankruptcy procedure
Check the whole flow of self-bankruptcy! About bankruptcy procedure and immunity procedure
First, let’s look at the whole flow of the bankruptcy procedure in the diagram.
The first thing I would like you to pay attention to is the second from the top, “bankruptcy trial or document hearing . “
A bankruptcy trial is when a court asks you to appear in court, asking questions about the contents of your debt or property, if there are any unclear points in the contents of the petition.
If you ask a lawyer, you can accompany the petitioner or appear on behalf of a lawyer.
Document hearing is to check whether the contents of the petition for commencement of bankruptcy have any unclear points and to judge whether the petitioner is insolvent.
Bankruptcy hearings and document hearings will be reviewed to determine if the claimant is insolvent.
In other words , just because you file a claim does not mean that anyone can go bankrupt .
And after bankruptcy trial or document examination, finally the bankruptcy procedure started.
The person who has property talks about separating a claimant’s property by a creditor as a trustee case.
On the other hand , those who do not have property are treated as simultaneous abolition cases and investigate the cause of the inability to repay debt.
When the bankruptcy procedure is over, next is the procedure of the disclaimer decision.
Even if the bankruptcy procedure is completed, you will not be able to go into bankruptcy if you become disclaimed.
In this way, in the case of a self-bankruptcy procedure, two decisions are taken: a decision to start a bankruptcy procedure and a decision to release a disclaimer .
This is because the bankruptcy procedure serves two purposes that are in bankruptcy law.
- Bankruptcy procedure
Purpose to properly and fairly liquidate the debtor’s property and pay the creditor
- Disclaimer procedure
Purpose to exempt debtors from debt and secure opportunities for revitalizing economic life
※ Refer to the Bankruptcy Law Chapter 1 Article 1.
Then, we will explain the flow of procedures leading to these two decisions and the criteria for the decision to start bankruptcy.
Flow from a personal bankruptcy claim to a decision to start a bankruptcy proceeding
If a bankruptcy claim is made, it will be judged whether the bankruptcy is appropriate before starting the bankruptcy procedure.
Therefore, at the time of the complaint, you have to submit a lot of documents and materials to the court.
The required documents to submit to the court are:
- Bankruptcy proceedings petition
- Petition for disclaimer
- Resident card
- Creditor List
- Property (asset) inventory
- Household situation (for the last 2 months)
- Other (Payment details and withholding slips, severance slips, severance payment certificate, welfare receipt certificate, life insurance certificate and surrender certificate, land and building registration certificate, car verification and savings passbook, etc.)
In the required documents, it is necessary to describe all debts and property, the condition of the household due to it, and it is noted that the entry of bankruptcy procedure may be delayed or the court may appear in court if it is detected and fill in the details. I will.
Based on the contents of the submitted documents, we comprehensively judge the debtor’s “property, occupation, salary, credit, effort, skill, age, gender, etc.” and decide whether it is insolvent or not.
As we publish example of judgment of court, please refer to.
- It is a third of the amount of rented income minus rent, and the amount of debt that can not be paid off in three years, even if repayment monthly.
In addition, if it is not possible to repay even in the case of voluntary arrangement, specific mediation or personal revitalization, it is desirable to go on bankruptcy
- Even if the debt is small, if the asset is less than ¥ 200,000 after deducting the basic cost of living, a nonpayment condition is recognized
※ The judgment criteria may be strict depending on the court or judge.
Flow of procedure of simultaneous abolition and administration case after decision to start bankruptcy proceedings
If you have dismissed your petition for a personal bankruptcy, you are considered solvable, so consider other debt consolidation methods.
The claimant will become “bankrupt” if it is determined that the company is not solvable and a decision to start a bankruptcy proceeding is made. .
As shown in the figure, after the decision to start the bankruptcy proceedings, depending on the property of the bankruptcy, the proceedings of the proceedings will be divided into the case of simultaneous abolition and the case of administrations.
Flow of procedure of simultaneous abolition case
If it turns out that you do not have the money to pay for the bankruptcy proceedings, you will immediately proceed to the next immunity decision.
With bankruptcy proceedings costs
The compensation paid to a bankruptcy trustee as a prepayment.
At the same time as the decision to start the bankruptcy proceedings, it is called “simultaneous abolition” to abolish the bankruptcy proceedings.
The complaints of individuals other than corporations will basically be abolished at the same time, but those who meet the following conditions may be a trust case.
- Debtor’s assets are over 200,000 yen (living expenses deduction)
- Own real estate (land, house)
- The reason for debt is gambling, investment, etc.
Flow of procedure of administration case
Those who own certain assets that can pay for bankruptcy proceedings will be treated as trust cases.
Having property means that you can repay the creditor even a little.
Therefore, the property will be managed, cleared, and distributed to creditors by the appointed bankruptcy trustee.
We summarized flow of bankruptcy procedure of administration case.
- Appointment of bankruptcy trustee
Meeting with the bankruptcy trustee.
You may be asked to explain the circumstances leading to bankruptcy, the circumstances regarding property, etc., or you may be required to submit additional necessary documents.
In addition, since the bankruptcy trustee investigates whether there is a non-disclaimer event (described later), not only the bankruptcy procedure, but also the meeting regarding the disclaimer procedure.
- Creditors’ Assembly
At the final stage of bankruptcy proceedings, you must appear in the “Creditors’ Meeting” held in the courts.
The bankruptcy trustee reports to the court or creditors the results of the survey, such as surveys and conversions of property.
Specifically, we report the existence of dividends to creditors.
Lenders rarely participate in creditor meetings, and the extent to which individual creditors attend.
Creditor meetings often end in one, but in cases where property is being disposed of (for example, in real estate sale or overpaid), the second or subsequent creditor meetings may be held.
After the report of the bankruptcy trustee at the creditors’ meeting and the opinions of the creditors, the court decides to terminate the bankruptcy proceedings.
“Decision to terminate bankruptcy proceedings” if the dividend is terminated.
If there is no property to be paid out, it will be a “bankruptcy proceedings abolition decision”.
In this way, in the case of a trustee case, it may take half a year to a year or more to gather up, in order to investigate whether it is eligible for property inspection or payment obligation, and even to pay out to creditors.
Unlike the simultaneous abolition, let’s consider that it takes a considerable amount of time to investigate the property, explain to the creditors and give dividends in the case of a trustee case.
Difference between costs of simultaneous abolition case and administration case
In the case of a trustee case, an appointed bankruptcy trustee conducts investigation and sale of the bankruptcy property, and a dividend to creditors.
If a bankruptcy is recognized, you will not be able to pay the debt, but you will have to pay for the bankruptcy trustee as the bankruptcy person must bear the cost of the bankruptcy proceedings.
If you ask an agent (lawyer), in the case of bankruptcy trust cases, including court costs around 500,000 yen.
Around 300,000 yen seems to be the market price at the simultaneous abolition case.
Here, we will explain in detail the breakdown of costs incurred for the simultaneous abolition and the administration case.
Cost of simultaneous abolition case
In the case of simultaneous abolition, there is no bankruptcy trustee, so there is not much cost.
Because you can make an individual claim, you can also proceed without a lawyer fee.
The details of the expenses are summarized in the table below.
|Cost to court||Claim fee||1,500 yen|
|Postage stamp||About 2,000 to 10,000 yen|
|Prepayment transfer (payment to bankruptcy trustee, etc.)||Pear|
|Official report||Around 11,000 yen|
|Request cost to an agent (lawyer)||25 to 300,000 yen|
|Total cost when making an individual complaint||Total cost if you ask an agent|
|20-30,000 yen||Around 300,000 yen|
You will find that the cost can be reduced extremely if you go through the procedure personally.
If you ask a lawyer, of course, you will be rewarded.
However, if you ask a lawyer, each creditor will receive a notification of acceptance and you will be able to stop repayment.
For those who are overdue or have trouble living, it may be a great advantage to stop collecting.
If you go through bankruptcy proceedings individually, the court will notify each creditor when bankruptcy proceedings begin, but don’t forget that you have a reserve before then.
Furthermore, it takes time and effort to arrange the petition documents, so it is not an easy thing to do without expert advice.
We recommend that you choose in consideration of the balance between what you can do and the cost.
Cost of administration case
On the other hand, because the purpose of the case of bankruptcy is to investigate the property of bankruptcy, sell it, and distribute dividends to creditors, bankruptcy can not be carried out by individuals without a bankruptcy trustee.
Bankruptcy trustees are often appointed lawyers who are familiar with the trust case.
The amount of expenses is to be decided by the judge in each case, and in the case of filing a bankruptcy petition without asking for an agent (lawyer), a deposit of at least 500,000 yen or more (Consultant expenses) are required.
This amount is a standard established in consideration of the amount of work of a bankruptcy trustee, but the amount of advance payment may change depending on the number of creditors, the required work, and the amount of collected property.
In addition, if you request a lawyer to file for bankruptcy proceedings, the amount of prepayment can be kept at a minimum of ¥ 200,000 or more, as the lawyer will perform part of the work of the bankruptcy trustee.
※ We call it a small sum account case
When asking a lawyer, there will be a separate attorney’s fee, so check with the lawyer for the specific amount.
The breakdown of costs for the case is as follows.
|Cost to court||Claim fee||1,500 yen|
|Postage stamp||About 4,000 to 15,000 yen|
|Prepayment transfer (payment to bankruptcy trustee, etc.)||500,000 yen …
※ If you ask a lawyer, ¥ 200,000 ~ (by court)
|Official report||Around 13,000 yen|
|Request cost to an agent (lawyer)||350 to 400,000 yen|
|Total cost when making an individual complaint||Total cost if you ask an agent|
|500,000 yen …||Around 500,000 yen|
In this way, the cost of the administration case is about 500,000 yen.
Difference between simultaneous abolition case and administrative case incident
Next, I would like to introduce the demerits of becoming a bankruptcy of the simultaneous abolition case or the administration case.
It is better to know in advance, as there are restrictions such as restricting freedom so that the debtors themselves can not hide or sell their property, especially in the case of a trustee case .
The bankruptcy of the trust case has the following disadvantages.
- Loss of control over property
Bankrupts can not sell or lend on their own before the bankruptcy proceedings.
- Freedom restrictions
The bankrupt must make necessary explanations regarding bankruptcy at the request of the bankruptcy trustee and the creditors’ meeting
- Limit of residence
Bankrupts can not move away from their residences or travel for a long time without the permission of the court
- Retirement / Supervisor (Inchi · Kanshu)
When the court finds that there is a risk of running away or hiding property or destroying property, she may be detained
- Communication Secret Restrictions
Mail sent to the bankrupt is delivered to the bankruptcy trustee and the bankruptcy trustee can open it
Those who may be bankruptcy of the money case need to act with these disadvantages in mind.
On the other hand, in the simultaneous abolition case, there is no demerit that limits freedom as in the administration case.
In other words, it is difficult to do the procedure individually without having a lawyer.
It would be better to ask a lawyer to file a claim but to file a claim.
Flow of immunity procedure
At the same time, if the decision to start the bankruptcy proceedings is issued in both cases, the disclaimer procedure will be started to allow the disclaimer .
Debtors avoid all or part of their debt repayment obligations.
Because the decision to start bankruptcy proceedings is simply the debtor’s insolvency status and the court decides that it is “bankruptcy”, a disclaimer is also needed to get the payment obligation exempt.
Once the disclaimer is finalized, the following effects take place.
- Bankruptcy loses all debt obligations except for some debts
※ The obligation to pay taxes, damages, child support expenses, marriage expenses etc. will not be lost.
- Once the indemnity is finalized, they will be released from business restrictions and will not be bankrupt and will regain rights
In other words , if the disclaimer is finalized, it will be the completion of the bankruptcy proceedings .
In order to obtain the permission of the disclaimer, bankrupt person is responsible for meeting with the judge appeared in court to court (Disclaimer trial fathoms).
The disclaimer will not be determined if the content of the trial is confirmed as a disclaimer or if the obligee makes an appeal against the disclaimer.
So what exactly is the cause of the disclaimer?
Exemption hearing questions and disclaimer (non-bankruptcy) conditions
The disclaimer procedure is done to determine if there is a reason for not allowing disclaimer.
The reasons for not allowing the disclaimer defined by the Bankruptcy Law are as follows.
- When the bankrupt hides or destroys his property or disposes of it against the creditor
- When you make an obligation to make a commercial book but do not make it, make an incorrect entry, or make a copy of the book
- When we significantly reduce property by excessive use or gambling, or we bear excessive debt
- When you bear a significantly disadvantaged debt or dispose of a product purchased in a credit transaction on a condition that is severely disadvantaged in order to delay the decision to initiate a bankruptcy proceedings
- When you have provided collateral for the benefit of only a specific creditor, or repay before the due date, etc., even if you are insolvent
- Within one year prior to the decision to start bankruptcy proceedings, when fraudulent to get credited to get credited, to make it ineligible but otherwise not credible
- When submitting a list of false creditors to the court or making a false statement about the state of property
- When you get a disclaimer within seven years of claiming the disclaimer
- When we violated duty to establish in bankruptcy law
Exemption from false claims and obtaining a disclaimer at the time of the indemnification hearing is a “fraud bankruptcy crime” and it is a subject of punishment, so let’s face in a sincere feeling in the interview with the judge.
With regard to immunity hearings, the bankruptcy law has been amended in 2011 and has been put into effect, and there are also courts where a disclaimer will be decided immediately if there are no particular problems regarding the abolition.
However, in the case of a trust case, depending on the content, there are cases where the following questions are asked.
- Address, name, date of birth
- Process of increased debt
- Current and future living conditions
- Confirming integrity
- Check that you understand the disclaimer
It is also safe to check before the hearing, as it is also for the judge to see if there is any unclear point in the response to the question.
The probability that the bankruptcy procedure will not be exempt is almost 0%
If you make a petition for a bankruptcy, and you receive a decision to start the bankruptcy procedure but you do not get a disclaimer, your obligation to repay the debt will not disappear and you will remain a bankrupt.
※ Even if the bankruptcy remains, it will be restored after 10 years from the complaint
But in fact, the disclaimer has been determined 96.44%.
※ Refer to) 2014 Bankruptcy case and personal reproduction case record investigation
Even if you look at the above table, it is safe to say that it is unlikely to be denied.
Expert request rate is over 95%! Talk to a lawyer or judicial scrivener before the bankruptcy procedure
So far, I have looked at the flow of personal bankruptcy.
Some people think that it is a little complicated and it is very difficult.
If you do, ask a lawyer or judicial scrivener to go through bankruptcy.
The following table shows the percentage of cases in which the decision on the disclaimer was issued and requested to an expert (lawyer, judicial scrivener).
※ Refer to) 2014 Bankruptcy case and personal reproduction case record investigation
It can be seen that there has been a big change in 14 years from 2000 to 2014.
|the year of 2000||2014|
|Agent (lawyer) petition||69.17%||79.09%|
|Ask a judicial scrivener||0.00%||13.06%|
With the increasing number of lawyers and judicial scriveners in this way, the number of individual petitions has decreased dramatically.
If you include the case that you asked a judicial scrivener, the percentage asked to experts would exceed 95%!
You can see that most people who are in bankruptcy have a lawyer or judicial scrivener.
To make sure that you are in bankruptcy, it may be better to ask a professional for a lawyer fee.
The merit of asking a lawyer or judicial scrivener to go to bankruptcy procedure
It was about 95% of people asking for specialists in the case of permission for exemption, but there are a lot of merits when asking lawyers and judicial scriveners for procedures for bankruptcy.
We can stop collection from creditor
When a lawyer or judicial scrivener requests a bankruptcy, the creditors will not be able to collect the debtors directly if notification of acceptance is sent to each creditor.
In other words, repayment will stop once.
It can be said that it is the greatest merit to ask a lawyer or judicial scrivener.
We can entrust all work such as making of documents
The procedure for bankruptcy requires the preparation of a large amount of necessary documents at the time of filing.
If the documents are not complete at the time of filing, or if the description items are incomplete, we can not move on to the next procedure.
In particular, it is safer to ask an expert who is familiar with the bankruptcy procedure for “property inventory”, “creditor table”, etc., which are difficult to describe in individuals.
All other personal bankruptcy procedures can be delegated, reducing the burden of procedures.
There is a high probability of disclaimer decision
More than 95% of lawyers and judicial scriveners are asking for a personal bankruptcy procedure that has been exempted.
It can be said that the reason why there is almost no disclaimer is because you are asking an expert.
In fact, there are more cases in which a judicial scrivener is requested than before.
There is an additional benefit to asking a lawyer
It does not apply to asking a judicial scrivener, but there are two advantages to asking a lawyer.
- Same day interview
When filing for the commencement of bankruptcy proceedings, it takes one to two months before the decision is made.
However, if you ask a lawyer and make a petition by the Tokyo District Court, you will hear from the attorney as an agent at the time of petition whether you can not pay, and you will be able to make a decision to start bankruptcy proceedings on the spot. (In the case of simultaneous abolition, the time taken to obtain a disclaimer can be shortened)
- We can use small sums money case
In the case of a trustee case, the advance payment to the bankruptcy trustee takes about 500,000 yen, but in the case of an agent (lawyer) petition, the burden on the bankruptcy trustee decreases, so the advance payment is about 200,000 yen as a small sum become.
※ A separate attorney’s fee is necessary
You will be asked if you should go into bankruptcy
In some cases, you may not want to go bankrupt.
- There is property that I do not want to lose by being liquidated
- Take a job restricted during the bankruptcy proceedings
Although I will not be fired for my own bankruptcy, it is inevitable that there will be problems with the actual business
- The cause of debt is likely to be disclaimer such as gambling
People who fall under these conditions should consult with a lawyer or a judicial scrivener as soon as possible, rather than going through their own bankruptcy proceedings.
Lawyer office and judicial scrivener office offering free consultation
Counseling for personal bankruptcy is free.
If you decide to go into bankruptcy, or if you are wondering if you should go into bankruptcy, consult an expert once.
You should be able to solve debt problems faster than worrying alone.
Earth Law Office (lawyer)
Attorney’s office that can handle the initial consultation fee free of charge. A former judge’s lawyer will solve your debt problem.
Please do not hesitate to talk about small debt problems, such as “I can’t pay back debt,” “I’m having trouble reducing my debts at all,” or “There is no way I can only free my own from bankruptcy.”
We are accepting inquiries by e-mail for 24 hours.
Talk to Earth Law Office
Namura law office (lawyer)
Namura law office boasting more than 25 years of experience.
We offer the best solution for people with debts, such as voluntary arrangement, overpayments, personal revitalization, and personal bankruptcy.
As we cope with the whole country and can do business trip interviews, we can also consult with people living in rural areas.
If you do not have a reliable lawyer nearby, please consult Namura Law Office.
Consult with Namura Law Office
Judicial scrivener corporation Sugiyama office (judicial scrivener)
The Sugiyama office has offices in Osaka, Tokyo, Nagoya, Hiroshima, Fukuoka, Okayama, Sendai, Sapporo, and offers consultation free of charge anywhere in the country.
From 3,000 results a month, we propose a debt solution that suits you.
The initial cost is 0 yen because the fee is a complete success fee type.
Consult the judicial scrivener corporation Sugiyama office
【Summary】 The flow of bankruptcy is complicated! It is best to consult with a specialist to go through a bankruptcy procedure
I commented on the flow of the procedure of self-bankruptcy.
It turned out that you have to clear two barriers of bankruptcy procedure start decision and disclaimer decision to go to bankruptcy procedure, and procedure is divided into simultaneous abolition or administration case depending on the existence of property and proceeding.
It is a procedure that exempts all or part of the debt, so it may not be easy.
If you find it difficult to do it alone, we recommend that you first consult a legal expert.
Some may be hesitant to ask a lawyer for lack of money, but consultations are free, and you can pay for them in installments.
If you are unwilling to ask a lawyer suddenly, why not start with a debt reduction check?
Knowing how much your debt goes down may give you the courage to ask a lawyer or judicial scrivener.
If it is a reduction diagnosis of Tokyo Minerva, it is recommended because an anonymous diagnosis can be made free of charge.