Yasuyuki Nakai | Members | DOJIMA LAW OFFICE

Yasuyuki Nakai

Yasuyuki Nakai：Attorney Admitted in Japan

Yasuyuki Nakai

Brief biography

1956: Born in Osaka. Raised in Hyogo and Nara
Graduated from Kyoto University,
Faculty of Law

1982: Registered as a practicing attorney (completed legal training at the Legal Research and Training Institute of the Supreme Court)
Joined Dojima Law Office

Main practice areas

Corporate rehabilitation, bankruptcy, general civil litigation, corporate law, urban law, environmental law

Qualifications positions/Bar Association and other organizations

Chairman of the National Bankruptcy Proceedings Lawyer Network
Managing Director of the Business Turnaround Practitioners Association
Director of the Business Turnaround Research Organization
Deputy Chairman of the Japan Federation of Bar Associations’ Judicial System Research Committee
Member of the Osaka Bar Association Judiciary Committee
Member of the Japan Association of Private Law
Member of the Japan Association of Civil Proceedings Law
Member of the Japan Association of Financial Law
Adjunct Lecturer of Kyoto University School of Law (Bankruptcy Proceedings Law)

Major bankruptcy cases entailing corporate reconstruction

Supervisory Auditor to Wakasa Tourism Development Co., Ltd. (a golf range) (2016)
Agent for Civil Rehabilitation Proceedings for Japan Web Printing (a printing company) (2013)
Trustee for Civil Rehabilitation Proceedings for Tsuji Academy (a vocational school) (2011)
Satosen Co., Ltd. (Plating);Deputy Petitioner for Civil Rehabilitation(2011)
Osaka World Trade Center Building(Real estate rental business);Company Reorganization Trustee(2009)
Shirasuna Kogen Kaihatsu(Operator of a golf club):Company Reorganization Trustee (2009)
YONO Pet Bottle Recycling Co.,Ltd(Pet Bottle Recycler):Company Reorganization Trustee(2006)
Iga Golf Club (Operator of a golf club): Company Reorganization Trustee (2005)
Ikari Sauce Co. Ltd., (Food manufacturer): Deputy Petitioner for Corporate Rehabilitation (2005)
Matsumura Group Co., Ltd. (Construction company): Deputy Petitioner for Civil Rehabilitation (2005)
Ninomiya Co. Ltd. (Volume retailer of home appliances): Company Reorganization Trustee (2005)
Suwa Marumitsu Co., Ltd. (Department store): Company Reorganization Trustee (2004)
Shirasagi Golf Club Co., Ltd. (Company operating a golf club): Deputy Petitioner for Civil Rehabilitation (2003)
Authent Golf Club Co., Ltd. (Golf club operator): Deputy Acting Petitioner for Civil Rehabilitation (2003)
Matsuya Electric Equipment Co., Ltd. (Volume retailer of home appliances): Supervisor for Civil Rehabilitation (2003)
Fukuske Corporation (Apparel manufacturing and sales): Deputy Petitioner for Civil Rehabilitation (2003)
Setouchi International Tourist Co., Ltd. (Hotel operator): Company Reorganization Trustee (2003)
Banbi Kogen Kaihatsu (Operator of a golf club): Company Reorganization Trustee (2002)
Sakuranbo Country Club (Operator of a golf club): Company Reorganization Trustee (2002)
Advancement of Sports Co., Ltd. (Operator of golf clubs): Company Reorganization Deputy Trustee (2002)
Mycal Corporation (Volume retailer): Deputy Petitioner for Civil Rehabilitation (2001)
Sofuku Hardware Co., Ltd. (Steel shelf manufacturer): Trustee for Civil Rehabilitation (2000)
Kinmatsu Hardware Co., Ltd. (Metal fitting manufacturer): Company Reorganization Trustee (1996)
Yoshikawa Oil Co., Ltd. (Oil & fat manufacturer): Company Reorganization Deputy Trustee (1991)

Major Publications

Symposium: Junichi Matsushita “Bankruptcy and Business Turnaround Practice Going Forwards” in Jurist, Issue No. 1500, p. 68 (December 2016)
“The Right to Revoke Fraudulent Acts” in Financial Legal Affairs, Issue No. 2041, p. 20 (May 2016)
“Before Selecting a Sponsor in Business Turnarounds”, asedited by Kazuhiko Yamamoto et al. and published in “How Sponsors Should be Selected in Business Turnarounds” in Commercial Legal Affairs (April 2016)
Symposium: “Revisions to the Civil Code and Bankruptcy Proceedings Concerning Set-Off – Concerning Attachment / Transfer of Claims and Set-Off” in Financial Legal Affairs, Issue No. 2036, p. 6 (March 2016)
Book review: “Asset Appraisals by Trustees in Bankruptcy” in Financial Law, Issue No. 2033, p. 74 (January 2016)
“The Annotated Bankruptcy Act” (first and second volumes), asedited by Mutsuo Tahara and Kazuhiko Yamamoto, and published in Kinzai (a publication of the National Bankruptcy Proceedings Lawyer Network) (December 2016)
“Voluntary Liquidation by Majority Vote – Bridging Legal Liquidation and Voluntary Liquidation” in Financial / Commercial Case Precedents, Issue No. 1478, p. 1, by the Economy and Law Research Committee (November 2015)
“Agreements on Rights of Exclusion and Commencement of Bankruptcy Proceedings Concerning Rehabilitation Debtors” in Civil and Commercial Law Magazine, Issue No. 150, Sections 4 and 5, p. 637, as published by Yuhikaku (August 2015)
Law of Obligations Research Committee Report “No. 8 – Statutory Rates of Interest” in the State of Financial Legal Affairs, Issue No. 2012, p. 46, by the State of Monetary and Fiscal Affairs Research Committee (July 2015)
“Revisions to the Civil Code Concerning Set-Off – Attachment and Set-Off / Transfer of Claims and Set-Off”, on p. 717 of the “Modern Development of Company Law / Insolvency Law” published in celebration of Prof. Toshiaki Imai’s 80th birthday by the Civil Code Research Committee (June 2015)
Symposium: Part 2 of “The Current State of and Issues with Management Warranty Guidelines – Findings One Year After the Start of Management Warranty Guidelines” – “The Current State of and Issues when Consolidating Debts (Exiting)” in Banking Law Affairs 21, Issue No. 787, p. 10 by the Economy and Law Research Committee (June 2015)
Contributing author to “First Steps in Explanations of Important Matters – Extinctive Prescription, Statutory Rates of Interest, Contract Termination, Risk Bearing, and Mistake” in Freedom and Justice Vol. 66 No. 5 (Special Edition 1: It’s Finally Here) “(Rights of Claim-related) Revisions to the Civil Code – Introduction and Explanation of Important Matters”, p. 11, by the Japan Federation of Bar Associations (May 2015)
Symposium: Part 1 of “The Current State of and Issues with Management Warranty Guidelines – Findings One Year After the Start of Management Warranty Guidelines” – “The Current State of and Issues with Contracts / Reviewing Contracts (Approach)” in Banking Law Affairs 21, Issue No. 786, p. 4 by the Economy and Law Research Committee (May 2015)
“How to Get Along with Trustees in Bankruptcy” in State of Financial Legal Affairs, Issue No. 2015, p. 6 (Seminar report) (April 2015)
“On Participating in Subcommittee Discussions on the Civil Code Revisions”, the foreword to Banking Law Affairs 21, Issue No. 785 (April 2015)
Contributing author to “Insolvency Law Compendium III – Various Aspects of Insolvency” aspublished by Seirin Shoin (April 2015)
Contributing author to “All About Business Turnaround ADR” as edited by the Business Turnaround Practitioners Association and published in Commercial Legal Affairs (January 2015)
Discussion: “Publication of Tentative Outline Proposal Concerning (Rights of Claim-related) Revisions to Civil Code” in Jurist, Issue No. 1474 (“Hot issue”), as published by Yuhikaku (December 2014)
“Treatment of Rights of Retention Under Commercial Law in Bankruptcy Proceedings” in Jurist Special Edition “Specially Selected Business Turnaround Precedents Which Work in Practice”, p. 97, as published by Yuhikaku (November 2014)
“Treatment of Set-Off in the Civil Code Revisions Tentative Outline Proposal” in Financial / Commercial Case Precedents, Issue No. 1452, p. 1 (November 2014)
“Revisions to the Civil Code (Concerning Law of Obligations) and Bankruptcy Proceedings”, as edited by the National Bankruptcy Proceedings Lawyer Network and published in “150 Issues Considered Concerning Revisions to Insolvency Law” by the State of Monetary and Fiscal Affairs Research Committee (November 2014)
“Determination of Tentative Outline Proposal - On Participating in the Discussions of the Legislative Council of the Ministry of Justice’s (Rights of Claim-related) Civil Code Subcommittee on the Civil Code Revisions” in the Osaka Bar Association Monthly, p. 32 (October 2014)
Joint author for “Specific Arbitration as a Form of Judicial ADR”, as found in “How Voluntary Liquidation Proceedings Should be in Practice”, as edited by the Business Turnaround Practitioners Association and published by the Civil Code Research Committee (September 2014)
Wrote the foreword “The Rehabilitation of Civil Rehabilitation Proceedings” to “Business Turnaround and Management of Rights of Claim”, Issue No. 144 (April 2014)
Symposium including Kazuhiko Yamamoto, et al. “View of Practice and Doubts based on Theory based on “Practical Research on Civil Rehabilitation Law””, p. 302, by Commercial Legal Affairs (March 2014)
“Commentary on Current Events – On the Management Warranty Guidelines” in the State of Financial Legal Affairs, Issue No. 1989, p. 1 (March 2014)
Symposium including Mutsuo Tahara, et al. “Problems with Security Law as Seen in Practice”, as published by Kobundo (February 2014)
Symposium: “Based on the “Practical Research on Civil Rehabilitation Law” (Parts one and two)”, NBL1016, p. 57, and NBL1017, p. 44 (January 2014)
Editing committee member and author for “120 Questions and Answers on Corporate Reorganization Practice”, as edited by the National Bankruptcy Proceedings Lawyer Network and published by the State of Monetary and Fiscal Affairs Research Committee (December 2013).
“Treatment of Rights of Claim based on Agreements on Rights of Exclusion” in Jurist, Issue No. 1459, p. 90, as published by Yuhikaku (October 2013)
“Rights of Retention under Commercial Law and Civil Rehabilitation Proceedings” in “Bankruptcy Precedents Selection” (Edition No. 5) as published by Yuhikaku (July 2013)
“How Requirements for Perfection are Changing” in Volume 2, p. 292 of “Modern Civil Code Theory and Practice”, a collection of essays in commemoration of Prof. Mutsuo Tahara’s 70th birthday and of the resignation of the Supreme Court Justice, as published in Kinzai (June 2013)
“Early Business Turnarounds of Small and Mid-Size Companies – the Dream and the Reality” on p. 319 of “Leading Turnaround Theories”, a collection of essays in commemoration of lawyer Hideki Matsushima’s 70th birthday, as published by Commercial Legal Affairs (April 2013)
“The Civil Code and Insolvency Law – Rules Applying Where One Party to a Bilateral Contract Commences Bankruptcy Proceedings” on p. 150 of “Contd. – Proposal: Revisions to Insolvency Law”, as edited by the Insolvency Law Revision Research Committee and published by the State of Monetary and Fiscal Affairs Research Committee (March 2013)
“Creditors’ Subrogation Rights” on p. 3 of “Business Turnarounds and Revisions to the Law of Obligations as seen in Financial Practice”, as edited by Kazuhiko Yamamoto and published by Commercial Legal Affairs (February 2013)
Q&A:Civil Rehabilitation Process and Financial Support(Co-author and edited,Keizai Horei Kenkyukai,September 2012)
New Annotation of Civil Rehabilitation Law(Second Revision Second volume) (co-author, Edited by Japan Bankruptcy Attorneys'Network, Kinyu Zaisei Jijo Kenkyukai, 2010)
New SEIRIN Legal Counseling Series No.25, Legal Counseling on Business Rehabilitation and Bankruptcy (supervising co-editor and co-author, SEIRIN SHOIN, September, 2010)
Theory and Practice of Order to Submit a Document (co-author, Minjiho Kenkyukai, August 2010)
Detailed Explanation of Civil Rehabilitation Law (Second Revision (co-author,Minjiho Kenkyukai,October2009)
Merger of Private Rehabilitation and Bankruptcy Cases entailing Corporate Rehabilitation(co-author,"The Latest Theory,Practice and Issues of Business Reorganization"Minjiho Kenkyukai,)
Preservation & Collection of Claims~Points to Acquire and Execute Mortgages(Co-authoredand edited,Yasuyuki Nakai,DOJIMA Law Office,Shoji Homu,2008)
Case Study: Voided by Court - Finance Lease Contract Provision Allowing a Lesser To Terminate the Contract Upon Filing Civil Rehabilitation (Kinyu Homu Jijo,No.1844,P.52,September 2008).
Bond Creditors Meeting(co-autor,Series Corporation Law Vol.2(SEIRIN SHOIN,June 2008))
Mortgage(co-author,Theory and Practice of New Bankruptcy Law)(Hanrei Times,May 2008))
Duty of Care Of Bankruptcy Tyusutee(kinyuhoumujijo,No1811,August,2007)Advantages and Disadvantages of Bidding (NBL 843, October 2006)
Effects of Avoiding the Act of Pledging Numerous Objects as Security(Minshoho Zasshi No.6,Vol.134,September 2006)
Questions and Answers on Practice Concerning Amended Special Liquidation(edited and authored,June 2006)
Lectures on Practical Bankruptcy Law(co-authored, March 2006)
Questions and Answers on Practice Concerning Civil Rehabilitation:a New Version,(edited and authored,February 2006)
Issues Surrounding the Determination of Principals for After Acquired Collateral Transfer of Claims that are Subject to Suspensive Conditions and Avoidance(Minshoho Zasshi No.1,Vol.133,October 2005)
Asset Appraisal in Bankruptcy Proceedings(For commemoration of the 70th birthday of Prof.Toshiaki Imanaka, Various Practical Issues Surrounding the Latest Bankruptcy and Company Laws)(Minjiho Kenyukai, June 2005)
Issues Concerning Asset Appraisal in Bankruptcy Proceedings Entailing Reconstruction in Essence of Corporate Reconstruction (edited and authored by Tadashi Shimizu, Shoji Homu, May 2005)
In the Capacity of Company Reorganization Trustee for a Regional Department Store:the Case of Suwa Marumitsu(Jigyo Saisei to Saiken Kanri No.108,March 2005)
Tasks of Company Reorganization Trustee (NBL No.800, January 2005)
New Questions and Answers on Practice after Landmark Revisions in Bankruptcy Law(edited and authored, Keizai Horei Kenyukai,January 2005)
Right of Avoidance (NBL No. 792 ,September 2004); A Few Issues Surrounding Asset Appraisal (Jigyo Saisei to Saiken Kanri No. 105, July 2004)
Evaluation of Assets in the course of Reorganization Procedures(Hanrei Times, Vol.1132, p.144)
Questions and Answers regarding Actual Practice under Revised Bankruptcy Law(author and editor, Keizai Horei Kenkyukai, 2003)
Issues regarding Reorganization Security Right (NBL, Vol.738, p.10)
Substantive Law of Bankruptcy: Specific issues concerning corporate bankruptcy, Bessatsu NBL, Vol.69, p.148)
A System for Demanding the Conversion of the Right of Hypothecation(Ginko Homu, Vol.21-602, p.20)
A Proposal for the Right to File a Petition for the Conversion of the Right of Hypothecation(Kikan Saiken Kanri,Vol.95, p.154)
Q&A, Civil Rehabilitation Law (Co-author, Yuhikaku, 2001)
An Outline of Urban Development Law from Practical Perspective(Co-author, Shin Nihon Hoki Shuppan,1996)
The Pursuit of Post-earthquake Reconstruction(Co-author, Toshi Bunka Sha, 1995) Annotations, Civil Law Cases "House Lease Law", "Noise and Vibration", and "Co-Ownership"(Seirin Shoin, 1987)
Urban Re-development at the Crossroads(Co-author,Toshi Bunka Sha,1987)