事業再生の新たな展開 : 私的整理を中心に

概要

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In recent years in Japan, out-of-court workouts, the Guideline for Out-of-court Workouts for Financial Institutions, the Industrial Revitalization Corporation of Japan (IRCJ), Small and Medium Enterprise Revitalization Support Councils (SMERSCs), the Resolution and Collection Corporation (RCC), Alternative Dispute Resolution (ADR) and the Corporate Revitalization Support Corporation of Japan are becoming more important for corporate rehabilitation. The first chapter in this paper confirms the difference between out-of-court workouts and turnarounds under bankruptcy laws and examines the important roles of out-of-court workouts. The second chapter points out the unsolved difficulties where workout procedures are changed from out-of-court workouts to turnarounds under bankruptcy laws. The chapter further examines a remarkable solution proposed by the two attorneys recently. The third chapter considers the Alternative Dispute Resolution (ADR) for corporate rehabilitation and makes some case studies. The last chapter examines a plan of the Corporate Revitalization Support Corporation of Japan. The bill of the Corporation has passed in the diet lately. The chapter further examines how Corporation will play expected roles.
2009-06-10