The examination order

The examination order issued by the court provides as follows:

  1. the court orders the appointment of an examiner of Mt. Gox,
  2. the court appoints Mr. Hisashi Ito, an attorney at law, as the examiner, and
  3. the examiner should conduct an investigation regarding whether the conditions of Articles 25(ii), 25(iii), and 25(iv) of the Civil Rehabilitation Act have been fulfilled, and report the results, in writing, to the court by February 28, 2018.

 

(For your reference: the Article 25 of the Civil Rehabilitation Act)

Article 25 (Conditions for Commencement of Rehabilitation Proceedings)

In any of the following cases, the court shall dismiss with prejudice on the merits a petition for commencement of rehabilitation proceedings:

(i) Where expenses for rehabilitation proceedings are not prepaid

(ii) Where bankruptcy proceedings or special liquidation proceedings are pending before the court, and enforcing either proceedings conforms to the common interests of creditors.

(iii) Where it is obvious that a proposed rehabilitation plan is unlikely to be prepared or approved or a rehabilitation plan is unlikely to be confirmed.

(iv) Where the petition for commencement of rehabilitation proceedings is filed for an unjustifiable purpose or it is not filed in good faith.

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