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Restructuring, Insolvency and CollectionsFrom the first response to late payment through preservation and compulsory execution, proofs of claim after a business partner's insolvency and your own restructuring, our attorneys work through each stage.

Free consultation Why LegalAgent
Response time
1 business day*
First consultation
30 min free
Scope
Collection · Preservation · Insolvency · Restructuring

* As a rule, for contract reviews and routine legal questions. For complex or urgent matters we propose a schedule that fits the matter.

Client companies served*

150+

Selected clients shown, in no particular order. * Clients and partners. Not limited to Restructuring, Insolvency and Collections matters.

KADOKAWA FRONTEO YAMAP ACROVE LAPRAS AVA Intelligence OPTIEUM Biotechnologies ReDelta Concrew LINEA Innovations TECHSUITE YStory

Choosing measures to fit the stage: late payment, insolvency or restructuring

The facts to confirm and the measures available differ between the period right after a business partner stops paying and the period after bankruptcy or civil rehabilitation proceedings have begun. We first confirm whether you are a creditor or a company considering restructuring, and then set out the measures available from that stage. For your own restructuring, we compare the features of out-of-court workouts and court-supervised proceedings and their impact on your company.

  • A business partner keeps paying late, and other creditors have started to move
  • A notice of commencement of bankruptcy proceedings has arrived and you are unsure where to start
  • Cash flow has worsened, and you cannot decide in what order to explain the situation to financial institutions
  • You are considering provisional attachment but cannot foresee the evidence or security deposit needed

Why LegalAgent

With LegalAgent, you can proceed in order, starting with time-bound procedures

We support your decisions at each stage in three ways: fast answers, fees you know before we start, and analysis that weighs the likelihood of recovery against the cost of proceedings.

  1. 01Speed

    Typical law firms3–5 business days

    LegalAgent1 business day, as a rule

    We look first at proof of claim deadlines and the need for preservation

    We answer contract reviews and routine legal questions within one business day as a rule. We review time-bound issues first, such as the deadline for filing a proof of claim and whether preservation is needed.

  2. 02Fees

    Hourly billingTotal unknown at the start

    LegalAgentScope and fee set before we start

    We hear the amount and the scope of proceedings, then quote

    We ask about the amount of the claim you want to recover and how far you expect to go among negotiation, preservation, litigation and compulsory execution, and give you an estimate before we start. If the proceedings move to the next stage, we update the estimate and explain it to you.

  3. 03Recovery outlook

    • Collection strategy memo
    • Memo comparing procedural options
    • Draft preservation petition
    • Draft proof of claim

    We choose measures by likely recovery and cost

    We check the counterparty's assets, any security or guarantees, and the time and cost of proceedings, and set out how far you should go.

* Response times are for contract reviews and routine legal questions; they vary by matter.

How it works

The AI Agent organizes claims and contracts; attorneys choose the measures and their order

The AI Agent organizes contracts, invoices and payment history and spots the issues; attorneys decide whether preservation is needed, whether set-off or termination is available and which restructuring method to choose.

AI Agentdoes the work

  • Organizes the details of claims from contracts, invoices and payment history
  • Identifies security, guarantees and the debts your company owes
  • Drafts certified-mail demand letters, proofs of claim and petitions

Attorneysmake the judgment

  • Decide which to pursue first: negotiation, preservation, litigation or compulsory execution
  • Judge whether set-off or termination is available and which restructuring method to choose
  • Take responsibility for the final response strategy and filed documents
ConsultationRevisiting the approach as things progress
  1. STEP 01Confirming the situation and the stage

    Confirm whether the consultation is at the stage of early signs of credit problems, after the partner's insolvency proceedings have begun, or at the stage of considering your own restructuring, and set out the range of available responses

    An overview of the current situation and the options for the response strategy

  2. STEP 02Reviewing claims, security and contractual relationships

    Confirm the likelihood of recovery, whether set-off is available, whether contracts can be terminated or continued, and whether preservation proceedings are needed

    Memo on the collection and preservation strategy or the strategy toward the business partner

  3. STEP 03Carrying out negotiations and proceedings

    Proceed with the chosen response, such as sending a demand letter, negotiating, filing a preservation petition, filing a proof of claim or preparing explanatory materials for financial institutions

    Draft demand letter, draft preservation petition, draft proof of claim or draft explanatory materials for financial institutions

  4. STEP 04Revisiting the approach as things progress

    Based on how negotiations and proceedings are progressing, confirm whether to move to litigation or compulsory execution or to revisit the restructuring method

    Updated response strategy memo

  • Attorneys make the final callAn attorney checks every deliverable and takes responsibility for it.
  • Your inputs are not used to train AIOn top of attorneys' statutory duty of confidentiality, we work in an environment where your inputs are not used to train AI.
  • An AI Agent built in-houseOur own engineers develop it. Information Security Policy

Use cases

Common requests and what you receive

For situations where your company is the creditor and situations where your company is considering restructuring, this map sets out how each starting point connects to the deliverables.

  1. 01

    A business partner has suddenly stopped paying, and other creditors are starting to move

    If left aloneOther creditors' negotiations and preservation measures get ahead, and the longer the response is delayed, the lower the chance of recovery

    What we doConfirm the amount of the claim, the contract, the payment history, any security or guarantees and the counterparty's assets, and decide whether to lead with negotiation, a demand letter or preservation

    What you receive
    • Draft demand letter by certified content mail
    • Memo on whether preservation proceedings are needed and the options
    • Collection strategy memo

  2. 02

    We have received notice that bankruptcy proceedings have commenced against a business partner

    If left aloneMismanaging the proof of claim deadline or misjudging whether set-off or termination is available can mean losing the opportunity to receive distributions or mishandling the business relationship

    What we doConfirm the notice, the contract, outstanding claims, security and guarantees, whether set-off is available and whether to continue the relationship, and set out the strategy for the proof of claim and contract handling

    What you receive
    • Draft proof of claim
    • Memo on set-off and termination
    • Table on whether to continue the business relationship

  3. 03

    Our cash flow has deteriorated and we want to discuss changes to repayment terms with financial institutions

    If left aloneA misjudged approach to financial institutions can lead to acceleration of debts or a halt to new lending, narrowing the options for continuing the business

    What we doConfirm the cash flow forecast, loan agreements, security and guarantees and the situation of major creditors, and set out the options for out-of-court and court-supervised proceedings and how to explain the situation to financial institutions

    What you receive
    • Table of cash flow and creditor status
    • Draft explanatory materials for financial institutions
    • Memo on restructuring options

  4. 04

    We are considering provisional attachment to collect accounts receivable

    If left aloneIf preparations for preservation are delayed, the counterparty may dispose of its assets first, leaving nothing to collect even after obtaining a judgment or settlement

    What we doConfirm the claim to be preserved, the prima facie evidence, candidate assets for preservation and the expected security deposit, and set out the strategy for the provisional attachment petition

    What you receive
    • Draft provisional attachment petition
    • List of prima facie evidence
    • Memo on expected security deposit and procedural costs

Scope of our restructuring, insolvency and collections support

For situations where your company is the creditor and situations where your company is considering restructuring, we set out what we review, what judgments we make and what we deliver.

Debt collection, negotiation and preservation
We confirm the counterparty's payment situation and the details of your claim, and set out the options from informal negotiation to preservation and enforcement.
  • Initial assessment and negotiation strategy for collection
  • Provisional attachment, provisional disposition and other preservation proceedings
  • Choosing among demands for payment, litigation and compulsory execution
Responding to a business partner's insolvency
When a business partner enters bankruptcy, civil rehabilitation or similar proceedings, we support proof of claim filing and the handling of contractual relationships.
  • Proof of claim after bankruptcy or civil rehabilitation commences
  • Considering set-off, termination and whether to continue the business relationship
Your company's cash flow and restructuring
When your company's cash flow deteriorates, we support the choice of restructuring method and the approach to financial institutions and major creditors.
  • Choosing between out-of-court workouts and court-supervised proceedings
  • Preparing explanatory materials for financial institutions and major creditors

Our approach

What we focus on in Restructuring, Insolvency and Collections

In restructuring, insolvency and debt collection, we place weight on the following perspectives.

  1. 01

    Switching options according to the stage

    The available measures and their priority differ between the stage when signs of a partner's credit problems appear, the stage after bankruptcy or civil rehabilitation proceedings begin, and the stage when your own cash flow deteriorates. We confirm which stage you are in when you consult us and set out the options available from there.

  2. 02

    Switching perspective between creditor and debtor

    Even with the same partner's insolvency, the materials to review and the criteria for judgment differ depending on whether your company is a creditor considering collection or a debtor considering restructuring. We clarify which position the consultation comes from for each matter before proceeding.

  3. 03

    Weighing the likelihood of recovery against the cost of the response

    Choosing legal proceedings does not guarantee recovery. We review the counterparty's assets, any security or guarantees and the time and cost of the proceedings, and tell you how far it is worth going.

  4. 04

    Analysis designed to work alongside other professionals

    Where tax and accounting treatment or the preparation of a rehabilitation plan is involved, we set out the legal issues while coordinating with tax accountants, CPAs and other professionals.

Pricing

Restructuring, insolvency and collections fees

In consultations on debt collection, preservation, a business partner's insolvency and your own restructuring, the work required varies greatly with the amount to be recovered, the counterparty's situation and the choice of procedure. When preparing an estimate, we ask about the following points.

How fees are set

Scope and fee agreed before we start

Matter-based work is generally on a fixed fee. For complex or urgent matters, we propose a schedule and an estimate that fit the matter.

First consultation

A free 30-minute online meeting.

You can come to us before your documents are in order. Tell us what you know so far.

Free consultation

What we check before quoting

  • The amount of the claim to be recovered and the counterparty's assets and creditworthiness
  • How far the matter needs to go among informal negotiation, preservation, litigation and compulsory execution
  • Whether the business partner has entered bankruptcy, civil rehabilitation or similar proceedings, and at what stage
  • Whether your company is on the creditor side or the debtor side
  • Whether coordination with tax accountants, CPAs or other professionals is needed

The scope of work and the estimated fee vary greatly with the amount to be recovered and the choice of procedure, so we present an individual estimate after hearing the details of your consultation.

Team & Record

Attorneys who know business practice handle your matters

Contract reviews and drafts
2,000+
Client companies
150+
M&A and capital transactions
20+
Legal and investment DD
20+

* Approximate figures based on matters handled by our firm; actual figures vary by matter.

Engineers

Shinya Makita and Sota Miya build our product on the same team as the attorneys.

Practical guides to restructuring, insolvency and debt collection

Initial responseWhat Is Breach of Contract? How It Differs from Non-Performance of Obligations and the Initial Response in Corporate Legal Practice

Even if the counterparty misses a delivery date, you cannot necessarily terminate right away. You need to distinguish the requirements for demand, termination and damages, and check your own performance, receipt of notices and the records that support your damage.

Related practice areas

FAQ

Frequently asked questions

Can we consult you at the payment delay stage, before a business partner becomes insolvent?

Yes. From the stage when payment delays or signs of credit problems appear, we set out whether negotiation, a demand letter or preservation proceedings are needed. For ordinary commercial disputes where the counterparty continues business as usual, please also see the Litigation and Dispute Resolution page.

Can we consult you if we have only just received notice that bankruptcy proceedings have commenced against a business partner?

Yes. We review the notice, the contract and outstanding claims, and set out whether a proof of claim is needed and its filing deadline, and whether set-off or termination is available.

Does a consultation about our own deteriorating cash flow follow the same flow?

The materials reviewed and the options considered are different. Where your company is on the debtor side, we review the cash flow situation, loan agreements and the situation of major creditors, and then set out the options for out-of-court and court-supervised proceedings.

Can we consult you before we have gathered all the materials?

You can begin a consultation even if you have only some of the contracts or invoices on hand. Depending on the materials you can provide, we set out what can be confirmed and what additional materials will be needed.

Can we consult you about collecting a small claim?

Yes. However, we present realistic options that also take into account whether the procedural costs and time are proportionate to the amount to be recovered.

Can you handle cases where we want to pursue preservation proceedings urgently?

We also handle matters requiring urgent consideration of preservation proceedings, such as where there is concern that the counterparty will dispose of its assets. However, the time needed before filing varies with how far the prima facie evidence has been prepared.

We are considering a restructuring that involves workforce reductions. Can we also engage you for the labor aspects?

Labor matters such as workforce reductions in the restructuring phase are described in detail on the Labor and HR page. This page focuses on choosing the restructuring method and dealing with creditors and financial institutions.

Can we consult you if, following a business partner's insolvency, we are considering taking over the business through a business transfer?

You can consult us about choosing between court-supervised and out-of-court proceedings in the restructuring phase and about dealing with creditors. For carrying out the M&A transaction itself, such as a business transfer, please also see the M&A Support page.

Contact

Talk to us about debt collection and restructuring

Please let us know what you currently have on hand, such as materials showing the business partner's payment situation or materials on your company's cash flow. We will discuss the order of the response according to the urgency of the proceedings.

  • A free 30-minute online first meeting
  • You can consult us from the late-payment stage
  • You can consult us with only some of the contracts or invoices