Anderson Mori & Tomotsune has extensive experience providing advice on many aspects of insolvency proceedings under Japanese law.
- Insolvency
Anderson Mori & Tomotsune frequently advises and issues legal opinions to clients on creditor rights issues in bankruptcy (hasan), corporate reorganization (kaisha kosei), civil rehabilitation (minji saisei) and other proceedings, both in pre-application projects to design bankruptcy remote structures for transactions such as structured finance, netting and stock lending and other security arrangements, as well as post-application submission of creditor claims to maximize recovery. Our firm's attorneys were pioneered in introducing DIP finance into Japanese system and took a leading role to amend avoidance power of trustee of bankruptcy in relation to securitization in the most recent amendment of Bankruptcy Act.
- Restructuring
Our firm also represents investors seeking to restructure and rehabilitate distressed companies or businesses in insolvency, including a substantial practice involving DIP (debtor-in-possession) financing projects for corporate rehabilitation proceedings.
Although the firm typically represents creditor banks and other financial institutions in these matters, Anderson Mori & Tomotsune attorneys have also served as bankruptcy trustees for Japanese companies.
Although the firm typically represents creditor banks and other financial institutions in these matters, Anderson Mori & Tomotsune attorneys have also served as bankruptcy trustees for Japanese companies.
- Representative Matters
Significant Bankruptcy and Insolvency projects we have handled include:
- Assisting/advising financial institutions on financing made to insolvent borrowers, including DIP finance matters.
- Advising financial institutions with regard to the establishment of and/or participation in corporate rehabilitation funds.
