Introducing our attorneys弁護士紹介
Attorney
Taku Iio飯尾 拓
Education/Professional Experience経歴
- 1997
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- Aoyama Gakuin University (LL.B.)
- 2000
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- Maruhito Kondo Law Office
- 2021~
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- Auditor-secretary at Aoyama Gakuin Alumni Association
Qualification資格
- 2000
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- Admitted in Japan
Study Group所属研究会
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- Daini Tokyo Bar Association’s study group of laws concerning insolvency
Publications, Seminars and Interviews著書/講演録/対談録
- Books
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- Guide for Rehabilitation for Individuals (in Japanese)
- Investigation of Claims and Liquidating Distribution by Bankruptcy Trustee (in Japanese)
- Realization of Assets by Bankruptcy Trustee (in Japanese)
- Guide for Rehabilitation for Individuals (in Japanese)
- Transcript of Seminars and Interviews
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- Assertion and verification regarding knowing about inability to pay debts in terms of exercise of right of avoidance (in Japanese)
- Review of judicial precedents regarding finding of ability to pay in terms of exercise of right of avoidance (interview with Professor Masashi Nakanishi of Doshisha Law School) (in Japanese)
- “Decision criteria of fact required to be alleged and proven” in the provision of “Stay of Set-Offs” (upper paragraph of Article 71.1.2 of Bankruptcy Act) (in Japanese)
- Articles
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- Review of judicial precedents regarding finding of ability to pay in terms of exercise of right of avoidance (1), (2), (3) and (4) (in Japanese)
Court precedents published in court precedents magazines判例雑誌に掲載された裁判例
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- Case where Tokyo High Court found it acceptable to exercise the right of avoidance against abusive company split
Judgment pronounced by Tokyo High Court on July 20, 2012 (judgment of first instance: pronounced by Tokyo District Court on January 26, 2012)
* The court of the first instance found it acceptable to exercise the right of avoidance pursuant to Bankruptcy Act because the court determined that the bankrupt had known that the company split done by the bankrupt would cause the damage to creditors. The Tokyo High Court also accepts the judgment of the first instance. - Case where Tokyo District Court dismissed claim on the estate regarding continuous supply under Article 55.2 of Bankruptcy Act
Judgment pronounced by Tokyo District Court on January 20, 2021
* The court determined that the claim regarding payment owed by electricity retailers to the expense sharing coordinating body under Article 31.2 of Act on Special Measures Concerning Procurement of Electricity from Renewable Energy Sources by Electricity Utilities which was incurred before the commencement date of bankruptcy proceedings does not fall within the scope of claims on the estate.
- Case where Tokyo High Court found it acceptable to exercise the right of avoidance against abusive company split