1) Representing creditors in procedures such as bankruptcy and civil rehabilitation
If a corporate debtor goes bankrupt, we can represent the creditor-client in the debtor’s bankruptcy, special liquidation, civil rehabilitation, or corporate reorganization procedures.
We take bankruptcy as an example. A list of creditors will be attached to the bankruptcy petition. Since we send a reminder and a notice to the debtor for debt collection, the name of the creditor-client will be listed on the list.
When the court decides to start bankruptcy proceedings, the court or bankruptcy trustee will notify the creditors in the list that bankruptcy proceedings have started. In practice, this notice will be sent to us as an agent of the creditor-client.
In subsequent procedures we will continue to represent the creditor-client and if there is a dividend we will receive it on behalf of the creditor-client. In this case, unless otherwise agreed, we will receive our fee from the dividends according to the rate of the contingency fee.
2) Issuing a Write-off Statement
At the request of creditors who ask us to collect claims in Japan, we can issue a Write-off Statement for a small fee in the following cases. Please note that the Statement is not an official document.
(a) When all or part of the debt is rounded down due to the debtor’s bankruptcy, special liquidation, civil rehabilitation or corporate reorganization
In this case, tax-free amortization of uncollectible receivables would be permitted in many countries. To get this benefit, the overseas creditor needs to know the progress of the above procedure in Japan. We keep track of the progress of the above procedures on behalf of the creditor-client and issue the Statement in a timely manner.
(b) When tax-free amortization is permitted by the tax law of the country where the creditor-client is located
In this case, however, we cannot guarantee that the Statement will meet all the tax-free amortization requirements in that country.
(c) When the creditor-client needs a Statement for internal accounting
For example, if you need a Statement as a proof for tax depreciation, we will issue it.
(d) When the creditor-client needs a Statement and we have no obstacles to issuing it.
We will respond to the client’s requests as much as possible.