Best Bankruptcy & Debt Lawyers in Kyoto

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Yamamuratadao Law Office

Yamamuratadao Law Office

Kyoto, Japan

Founded in 1990
50 people in their team
Our firm was established in April 1990 by attorney Tadao Yamamura with the aim of providinghigh quality and highly satisfactory legal services to a...
Japanese
English

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About Bankruptcy & Debt Law in Kyoto, Japan

Bankruptcy & Debt Law in Kyoto, Japan, is largely consistent with national Japanese laws as bankruptcy is governed by the national legal system. In Japan, there are several types of bankruptcy procedures, such as civil rehabilitation, corporate reorganization, special liquidation, and personal bankruptcy. Each of these procedures is designed to address the specific needs of individuals or corporations in financial distress. Kyoto follows the same legal framework and court procedures as the rest of Japan in handling these cases.

Why You May Need a Lawyer

There are several situations where hiring a lawyer for bankruptcy and debt issues is advisable. Complex legal requirements, negotiations with creditors, and the need to protect your assets are common reasons for seeking legal assistance. A lawyer can help ensure that all paperwork is correctly filed, represent you in court, and provide advice on the best course of action for your financial situation. Individuals with significant debt due to medical bills, credit cards, or loans, and companies facing insolvency are examples of parties who would benefit from legal counsel.

Local Laws Overview

In Kyoto, as in the rest of Japan, bankruptcy law is meant to provide a legal method for the resolution of insurmountable debts. Key aspects of the local laws include:

  • The legal right to file for bankruptcy if you cannot repay debts.
  • Exemptions that allow individuals to keep certain assets after bankruptcy.
  • The possibility of rehabilitating businesses or reorganizing them to continue operations.
  • Requirements for a court-appointed trustee to oversee the bankruptcy process.
  • Discharge of some types of debts, while others such as taxes and alimony may remain non-dischargeable.

Frequently Asked Questions

What are the different types of bankruptcy available in Kyoto?

Individuals often make use of personal bankruptcy or civil rehabilitation, while companies may opt for corporate reorganization or special liquidation, depending on their specific circumstances.

How does personal bankruptcy work?

Personal bankruptcy involves liquidating your assets to pay off creditors and discharging most debts to give you a fresh start.

Can I keep any property after filing for bankruptcy?

Yes, some property is exempt, allowing you to retain basic assets considered essential for living and working.

What does a bankruptcy lawyer do?

A bankruptcy lawyer provides advice on the best bankruptcy option, represents you in court, negotiates with creditors, and helps protect your rights and assets.

Will all of my debts be discharged in bankruptcy?

Most unsecured debts can be discharged, but some obligations, like child support, alimony, and certain taxes, may not be dischargeable.

How long does a bankruptcy process take in Japan?

The duration varies depending on the complexity of the case and the type of bankruptcy filed. It can take from several months to a few years.

How will bankruptcy affect my credit score?

Bankruptcy will significantly lower your credit score and can stay on your credit report for up to ten years. However, rehabilitation offers the possibility to rebuild credit over time.

Is it possible to run a business after filing for corporate bankruptcy?

Through corporate reorganization, it may be possible to continue running the business under a new management plan approved by creditors and the court.

How can I file for bankruptcy in Kyoto?

To file for bankruptcy, you'll need to prepare the necessary documentation and submit a petition to the local court. A lawyer can assist with these steps.

What should I do if I'm overwhelmed by debt but not sure if bankruptcy is the right option?

Consult with a bankruptcy lawyer to discuss your financial situation and explore all available options, including debt consolidation, negotiation with creditors, or filing for bankruptcy.

Additional Resources

Individuals looking for additional guidance on bankruptcy and debt in Kyoto may refer to:

  • The Japan Legal Support Center (Houterasu)
  • The Kyoto Bar Association
  • Ministry of Justice's website for information on legal procedures

Next Steps

If you need legal assistance with bankruptcy and debt in Kyoto, the first step is to consult with a qualified bankruptcy lawyer who can evaluate your case. You can also contact the local bar association for referrals or reach out to Houterasu for assistance. It's important to act quickly to discuss your financial options and initiate any necessary legal proceedings.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.