Topic: civil rehabilitation procedures, and creditors ? (Read 932 times)

Thanks for your answer.

I'm a bit unclear about exactly what you're asking so I'll answer what I think you're asking and we'll go from there.

When the insolvency proceedings reach the stage for creditors to make claims, a formal notice will be given which will outline the process and the date by which claims need to be submitted.  To date, MtGox has published all of the information related to the proceedings on their website so information related to claims will almost certainly be published there too.  

Often during insolvency proceedings claims are taken but they aren't formally processed until it's clear that there'll be sufficient funds available for creditors to receive some payment.  This is because processing claims takes a lot of time and it's pointless spending tens of thousands of dollars to process claims if creditors are going to receive nothing anyway.

In insolvency proceedings, the person appointed by the court to oversee the process (in this case the supervisor) is usually also responsible for investigating the cause of the insolvency and establishing whether or not the insolvency has come about due to any criminal behaviour on the part of the principals. So there's nothing unusual about the supervisor and investigator being the same person - we're talking about a financial investigation rather than a law enforcement investigation.  

The scope of that investigation depends on the individual circumstances of the insolvency at hand.  These roles are generally filled by private law firms appointed by and accountable to the court.  Generally speaking, if the financial investigations turn up evidence of criminal activity, the person overseeing the insolvency then hands the information they've uncovered over to the authorities.

Perhaps you're confused because there are several things happening which are separate but related and they use similar terms.

As there are criminal investigations happening in relation to MtGox, there's very good chance that its database has been imaged.  There is absolutely no reason whatsoever for it to be connected in any way to the outside world at this point in time, so "hacking" should not be possible and would almost certainly be seen by law enforcement as intentional destruction of evidence.

One thing you and everyone else needs to realise is that these processes are slow.  The best thing you can do is continue to check this forum and the MtGox website for updates.  There is no point in people bombarding the supervisor/trustee with emails or phone calls - they're getting paid by the hour and not only does every minute spent on answering emails and phone calls distract them from their job, it costs creditors money because their fees come out of the remaining MtGox assets.

One thing I haven't seen mentioned and which some users might not realise is that because insolvency is a legal process, it's unlikely that anyone will be able to make an anonymous claim (you can't elsewhere so I'd be surprised if you can in Japan).  The list of creditors and the amounts they are owed usually forms part of the report to creditors although I suspect that with 127,000 acknowledged creditors (which presumably only includes those owed fiat currency), this might be published in a central location rather than sent to each individual creditor.

According to https://www.jurists.co.jp/en/publication/tractate/article_10073.html  “If the Proof of Claim is not filed within the fixed deadline, the claim will generally be forfeited”

Can someone explain, How to fill “Proof of Claim” if nobody has access to “Mtgoxxed” account?
And majority of creditors are outside Japan, the main communication system is e-mail,..., too few people knows account number,...

What if “supervisor”  http://www.noandt.com/en/ does not reject plans to only accept liabilities filled in the “Proof of Claim” procedures?
For example, if “Mtgoxxed.com” erases all customer account databases. Sorry,... ,a hacker or group of hackers deletes whole customer database, after “stole” 800000 BTC and the same with bank account (bug with “tx malleability” in bank account).

The http://www.bakermckenzie.com/ “trustee” and others  http://www.yglpc.com/en/index.html .
How is possible that “investigator” is the same of “supervisor”. Exactly, What kind of investigations a law firm can do?  The court has no “Judicial Police” ? We are speaking of  today value more than 520,000,000$ ... “stolen” it's not only insolvency.


I can not understand this type of “procedures”,...,.