Explanation of Terms Concerning Civil Rehabilitation Proceedings in Japan (Tentative Version)


Civil Rehabilitation proceedings

A legal procedure taken by a company that has difficulty repaying its debts in order to avoid bankruptcy by reducing the amount of existing debts. The company itself continues to operate as before.


Date of petition for Civil Rehabilitation

The date the petitioning attorney of the debtor company files the petition for civil rehabilitation with the court. (March 2nd for this case)


Date of court order for commencement of Civil Rehabilitation proceedings

The date on which the court receiving the petition for civil rehabilitation formally initiates the legal proceedings for civil rehabilitation (March 7th for this case)


Rehabilitation claim

Claims arising prior to the date of order of commencement of civil rehabilitation proceedings.


Common benefit claim

Claims arising after the date of the order of commencement of civil rehabilitation proceedings. Since it will be impossible for the company to operate if this is not repaid, it is treated like a normal transaction, and the company is obligated to repay it as promised.


Changing from Rehabilitation claim to Common Benefit claim

The court, upon the company’s petition, shall convert rehabilitation claims that accrued between the date of petition and the date of commencement order to common benefit claims.

Denial of new cell phone contract due to delinquent payments

If you are delinquent on your cell phone bill, a new cell phone contract may be restricted.

Arrears include either (or both) of the following.

1) Telephone line payments
Call charges and data charges for a phone line

2) Machine unit payments
Installment payments for the the cell phone machine (e.g., iPhone).

For each of these charges, there is an organization that manages credit information.

1) Telephone line payments

If you pay off the past-due phone line charges, you may be able to sign a new line contract. (However, some phone companies may not allow you to sign a new contract.)

2) Machine unit payments

If you are delinquent in paying installment payments for the your cell phone machine (such as an iPhone), your ability to make purchases by installment payments will be restricted until your credit information is deleted. In most cases, you will also not be approved for new credit cards or loans, even if these are separate from the phone contracts.

3) Deletion of Credit Report

Generally, credit information is retained for five years after it is paid off.
This information cannot be deleted earlier.

4) Alternative method

If you are unable to have a new cell phone contract, you will only be able to use a prepaid cell phone.

Golden Week in Japan

Golden Week

Golden Week in Japan is a period of consecutive holidays from the end of April to the beginning of May each year.

National holidays are April 29 (Showa Day), May 3 (Constitution Day), May 4 (Greenery Day), and May 5 (Children’s Day). Therefore, some companies also take the weekdays before and after these days off, making them long consecutive holidays for Japan, which does not have a custom of taking vacations.

Events in Kawasaki

During this period, various social events are held in Kawasaki City. Many food stalls are set up, and it is fun to take a walk on a nice day.

Inage Kanpai Beer Day #Kanpai Kawasaki


Kawasaki Asian Festa


Haisai Festa (Okinawa Festival in Kawasaki)


Our Business Days

Sumikawa Law Office will be closed from May 3 (Wed.) to May 5 (Fri.), 2023 for the Golden Week holiday. After the holidays, we will be open for business from May 8 (Mon.).

Helmets now required for bicyclists

The revised Road Traffic Act (Japan) came into effect on April 1, 2023. The requirements for bicycle riders to comply has been changed, especially, about wearing helmets.

Road Traffic Act
(Compliance requirements for bicycle riders, etc.)
Article 63-11 A bicycle rider shall make efforts to wear a riding helmet.
(2) A bicycle rider shall, when allowing another person to ride said bicycle, make efforts to ensure that said other person wears a riding helmet.
(3) A person responsible for the protection of a child or infant shall, when the child or infant rides a bicycle, make efforts to ensure that the child or infant wears a riding helmet.

“Duty of Effort”

The regulations were established for helmets (regulations for children were in place prior to the revision). As the regulation states, “efforts must be made,” it is a duty of effort. There is no penalty for violating the regulation.

However, the lack of penalties does not mean that this provision is meaningless. As long as it is a legal obligation, it is possible that the failure to wear a helmet may be judged unfavorably. Specifically, the amount of damages may be reduced when a person is involved in an accident without wearing a helmet.

Possible Legal Consequences

For example, consider the case where a car crashes into a bicycle and the bicylce rider is seriously injured. The car side is more likely to claim that the bicycle rider was at fault for not wearing a helmet. This can also have an impact on the determination of the percentage of fault at trial.

We will need to see the accumulation of cases to determine the actual extent of the impact. However, we assume that 5% to 10% will be added to the negligence rate of the bicycle side.

Accidents involving bicycle riders, especially those not wearing helmets, can result in serious permanent disability. In such cases, living expenses for the reduced income due to the injury will be covered by the compensation for damages. If the amount of compensation is reduced by even 5% or 10%, it may have a significant impact on the rider and his/her family’s life afterwards.

With this in mind, we hope that many people will prepare and wear a bicycle helmet as early as possible. It would be great if helmet users increase, and people who suffer serious injuries decrease.