6 min read
Finance

Debt Recovery in Japan for Foreigners: 任意整理 / 個人再生 / 自己破産 + Visa Impact

Three legal restructuring options exist in Japan: 任意整理, 個人再生, 自己破産. Critically, none directly cause visa revocation under 入管法 — but they affect 永住申請 and 帰化 through 独立生計能力 evaluation. Bureau records clear in 5 years (CIC/JICC) or 7 years (KSC, since November 2022 amendment). 法テラス multilingual line provides free triage in 10 languages.

Debt Recovery in Japan for Foreigners: 任意整理 / 個人再生 / 自己破産 + Visa Impact

If you're behind on debt in Japan, you have three legal restructuring options. Each has different effects on your bureau record, your visa, and your eventual permanent residency or naturalization application. Critically: none of the three directly causes visa revocation under 入管法 — but they affect the 独立生計能力 evaluation that immigration uses. The path back to clean credit takes 5–7 years, but it's a finite path with a clear endpoint.

  • 任意整理 (out-of-court): Lawyer-mediated, future interest waived, principal rescheduled over 3–5 years. Bureau clears 5 years after final payment.
  • 個人再生 (civil rehabilitation): Court process, debt may be reduced to ~1/5 over 3 years. Home preserved with 住宅資金特別条項. KSC 7 years, CIC/JICC 5 years.
  • 自己破産 (bankruptcy + 免責): Court-discharged. KSC 7 years (was 10 until November 2022), CIC/JICC 5 years.
  • Foreign-language legal aid: 法テラス multilingual line 0570-078377, supports 10 languages, free initial consultation.
  • This article is information, not legal advice. Restructuring decisions are case-specific. Always consult a 弁護士 or 認定司法書士 before acting.

Information current as of May 2026 based on the Courts of Japan civil rehabilitation page, the bankruptcy procedure documentation, the JLSC multilingual support page, and the Japan Federation of Bar Associations debt-restructuring rules. Bureau retention periods cited come from each bureau's official documentation.

Falling behind on debt is stressful in any country. In Japan, foreign residents face the additional complexity of wondering whether bankruptcy or restructuring will affect their visa, their PR application, or their right to remain. The short answer is reassuring — the visa itself is not at direct risk — but the longer answer involves understanding which procedure fits your situation and what comes next.

The three procedures, side by side

 任意整理個人再生自己破産
Court involved?No (private negotiation)Yes (民事再生法)Yes (破産法)
Typical debt reductionFuture interest waived; principal rescheduled~1/5 of debt or legal minimumDischarged after 免責 ruling
Repayment period3–5 years3 years (extendable to 5)None (post-discharge)
Home preservationPossible if mortgage currentYes via 住宅資金特別条項Generally no — house sold
Lawyer fee (typical)¥30,000–¥50,000 per creditor + ~11% of reduced amount¥300,000–¥500,000+¥200,000–¥500,000
Bureau retention (CIC/JICC)5 years from completion5 years from contract end5 years from 免責確定
Bureau retention (KSC)Not directly recorded7 years from gazette publication7 years from gazette publication
Best forManageable debt, want to avoid courtLarger debt, want to keep homeCannot pay any restructured amount

任意整理 (Voluntary out-of-court settlement)

The least-aggressive option. A 弁護士 or 認定司法書士 (limited to debts ≤¥1.4M per creditor under 司法書士法 §3-1-7) sends a 受任通知 to each creditor, which under 貸金業法 §21 paragraph 1, item 9 requires registered moneylenders to immediately stop direct collection contact. This alone is a major relief.

The lawyer then negotiates with each creditor:

  • Future interest typically waived
  • Principal rescheduled over 3–5 years
  • Per the 日弁連's debt-restructuring rules (revised 2011), attorney fees for these matters are capped and individual surcharges are in principle prohibited

Pros: no court appearance, faster than rehabilitation/bankruptcy, less stigma, KSC not directly affected. Cons: principal not reduced, requires consistent monthly payment for years, can be refused by creditors (rare for major lenders).

個人再生 (Civil Rehabilitation)

Court-supervised under 民事再生法. Designed for salaried workers with steady income who have larger debts but can pay something. Per the Courts of Japan explainer and the Osaka District Court detail:

  • Debt may be reduced to roughly 1/5 (or the legal minimum / clearable-asset value, whichever is higher)
  • Repaid over 3 years, extendable to 5
  • 住宅資金特別条項 lets the debtor keep the home by continuing the mortgage on schedule while restructuring all other debts; rescheduling can extend the loan up to 10 years
  • Bureau retention: KSC 7 years (since November 2022 amendment, reduced from 10), CIC 5 years from completion, JICC 5 years from contract end (post-2019/10/01 contracts)

Pros: meaningful debt reduction, home preserved, voluntary stigma low. Cons: lawyer fees higher, court appearances required, takes 6+ months from filing to plan approval.

自己破産 (Bankruptcy + 免責)

Last resort. Court-supervised under 破産法. The procedure has two tracks:

  • 同時廃止 (simultaneous dismissal): Used when the debtor has minimal assets — no trustee appointed, fastest and cheapest
  • 管財事件 (trustee case) / 少額管財: Used when assets or contested claims warrant a trustee — slower, more expensive

Per Courts of Japan bankruptcy procedure forms, opening bankruptcy alone does not erase debt — discharge (免責) is a separate court determination. Most clothing, furniture, and tools of trade are exempt under 破産法 §34; cash up to roughly ¥99万 and items necessary for livelihood are typically retained.

Bureau retention: KSC 7 years from gazette publication (since 2022/11 amendment), CIC 5 years from 免責確定, JICC 5 years from contract end. Some older sources still cite 10 years for KSC — this is outdated.

Visa, PR, and naturalization impact

This is the question every foreign resident asks first.

Existing visa

Bankruptcy is not a statutory revocation ground under 入管法. Practitioner consensus across multiple 弁護士法人 (e.g., 泉総合, ネクスパート) is that bankruptcy alone does not cause loss of status. Immigration screens 素行 and income — bankruptcy itself is neither a crime nor a 退去強制 trigger.

However, secondary effects exist:

  • If your visa relies on employer sponsorship and you lose your job during the procedure, the visa risk comes from unemployment, not bankruptcy
  • If you have a guarantor visa (some long-term residents) and the guarantor's situation is affected, sponsorship may need re-confirmation
  • If your spouse co-signed loans and is also a foreign resident, the 連帯保証 obligation passes to them

永住申請 (PR)

The ISA's 永住許可ガイドライン (令和8年2月24日改訂) requires "独立の生計を営むに足りる資産又は技能" — bankruptcy can undermine this finding until financial rebuilding is documented (stable income, taxes/health-insurance/pension paid, no further negative bureau marks).

Practitioner reports recommend waiting 5–7 years after 免責 with continuous tax/social-insurance compliance before applying for PR. This is not an ISA-published timeline — it's the practical window during which 独立生計能力 can be re-demonstrated.

帰化 (Naturalization)

国籍法 §5 requires 素行善良. The 法務局 examines tax/social-insurance/loan-payment history. Practitioner sources (行政書士法人第一綜合事務所, 帰化ドットコム) report that 法務局 typically expects roughly 7 years from 免責確定 before naturalization is realistic. 特別永住者 may face shorter waits.

法テラス (Japan Legal Support Center)

Free or low-cost legal aid is available through the Japan Legal Support Center (JLSC). Foreign residents lawfully residing in Japan are eligible.

Eligibility (民事法律扶助)

Income/asset thresholds (2026):

RegionSingle2-person household
生活保護一級地 (e.g., Tokyo 23 wards, Osaka City)¥200,200/month take-home¥276,100/month
一級地以外¥182,000/monthHigher for larger households

Asset cap: ¥1.8M (single) / ¥2.5M (2-person). Rent/mortgage adjustment up to ¥53,000 (single) / ¥68,000 (2-person).

立替制度 (Fee Advance Program)

JLSC fronts attorney/司法書士 fees and you repay in monthly installments — typically ¥5,000–¥10,000/month, interest-free. Reductions/exemptions possible for 生活保護 recipients.

Multilingual line

  • 0570-078377 (or 050-3754-5430 from IP/prepaid mobile)
  • Mon–Fri, 9:00–17:00
  • Languages: English, Chinese, Korean, Spanish, Portuguese, Vietnamese, Tagalog, Nepali, Thai, Indonesian
  • Format: 3-way interpreted call with the local 法テラス office
  • 法テラス multilingual page

The free initial consultation includes up to 3 sessions per matter under 民事法律扶助.

Recovery roadmap

TimeWhat's happening
Day 0Lawyer/司法書士 sends 受任通知; collection calls stop immediately
Months 0–6Procedure filed and confirmed (任意整理 negotiation; 開始決定 / 再生計画認可 / 免責許可)
Years 0–3 (or 5)Repay under plan (任意整理 / 個人再生)
Year 5CIC and JICC entries typically clear (5 years post-completion or 免責確定)
Year 7KSC entries typically clear; PR and naturalization practically reachable
Year 7–10Mortgage approval realistically possible — banks pull KSC, want clean recent history + stable income

Rebuilding credit after bureau clear

Once bureau records have aged out, the rebuilding process for foreign residents is similar to starting from zero — covered in our building credit guide. Common first-card paths post-recovery:

  • デポジット型 cards (Nexus Card, Live Card): you place a deposit equal to your usage limit. Reports to CIC like a regular card. Nexus Card FAQ
  • Retail-issued (流通系) cards: Aeon, Epos, Saison are typically the first standard cards approvable post-recovery.
  • Bank cards (銀行系): generally require additional 1–2 years of clean post-clear history before approval.
  • Mortgage: banks pull KSC and check for clean recent history (3–5+ years), stable employment (1–3+ years current employer), and a meaningful down payment (often 30%+).

Things to avoid during and after restructuring

  • Don't take on new debt during the procedure. Multiple Japanese courts have refused 免責 for debtors who borrowed during restructuring.
  • Don't transfer assets to family. 否認権 (revocation rights) can claw transfers back, and they read as bad-faith conduct.
  • Don't ignore correspondence from courts/bureaus. Even after 免責, you may need to attend hearings or respond to disclosure requests for several years.
  • Don't apply for new credit before bureau records have cleared. Each rejected application adds a 申込情報 record and signals desperation.
  • Don't fall back on illegal lenders (闇金) for emergency cash. See our consumer loan warning guide.

Phrases for legal consultations

  • 「債務整理について相談したいです」 (Saimu seiri ni tsuite soudan shitai desu) — I'd like to consult about debt restructuring.
  • 「英語で対応できる弁護士を紹介してください」 (Eigo de taiou dekiru bengoshi wo shoukai shite kudasai) — Please refer me to a lawyer who can handle English.
  • 「自己破産しても在留資格は影響ありますか?」 (Jiko hasan shite mo zairyuu shikaku wa eikyou arimasu ka?) — Will bankruptcy affect my visa status?
  • 「家を残せる方法はありますか?」 (Ie wo nokoseru houhou wa arimasu ka?) — Is there a way to keep my home?

Related articles

Disclaimer: This article is general information only and is not legal, tax, or immigration advice. Debt restructuring outcomes and visa/PR/naturalization consequences are case-specific. Before acting, consult a 弁護士 (bengoshi/lawyer), 認定司法書士 (certified judicial scrivener — limited to debts ≤¥1.4M per creditor), or 行政書士 (immigration specialist) — or contact 法テラス multilingual line at 0570-078377 for free triage. Figures cited (lawyer fees, retention periods, eligibility thresholds) are as of 2026 and may change.

Talk to a Local Before Filing

Restructuring decisions have years-long consequences. Before signing anything, post your question on LO-PAL for free: a local Japanese person can help you understand the documents, accompany you to a 法テラス consultation, and translate at the lawyer's office. Free to ask; you only pay if you accept hands-on task help.

Written by

Taku Kanaya
Taku Kanaya

Founder, LO-PAL

Former Medical Coordinator for Foreign Patients (Ministry of Health programme) and legal affairs professional. Built LO-PAL from firsthand experience navigating life abroad.

Written with partial AI assistance

Read full bio

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