Enforcement/Bankruptcy Law

Lawsuits and Affairs concerning Enforcement and Bankruptcy Law:

Execution and bankruptcy proceedings for the collection of receivables,
Execution proceedings for the collection of receivables based on current account and invoice,
For the collection of receivables arising from finance, loan and leasing contracts, enforcement proceedings,
Actions for annulment of objection,
Negative clearance and restitution cases,
Bankruptcy and postponement of bankruptcy cases,
Debt objection and remuneration lawsuits,
Eviction cases,
Ecrimisil cases and cases against intervention,
Precautionary attachment lawsuits, provisional attachment objection lawsuits,
Lawsuits arising from lease agreements,
Converting the mortgage into cash
Mine foreclosure lawsuits,
Tender cancellation cases

Types of Enforcement Proceedings:

Prompt enforcement proceedings
Improper enforcement proceedings
Exchange tracking
pledge tracking
mortgage tracking
Rental tracking
Child delivery tracking
Alimony follow-up

Types of Foreclosure:

Final (Executive) Lien: It is the type of lien that authorizes the sale after the follow-up is finalized.
Temporary Seizure: It can be requested if the objection is temporarily lifted.
Additional Seizure: It can be demanded if the seized property does not cover the entire receivable.
Completion Seizure: It is made if the executive director values ​​the seized property incorrectly.
Precautionary Lien: It is preferred when it is desired to secure the receivable.

The type of the debt and the legal relationship between the creditor-debtor

Accordingly, one of the above types of lien will be processed.

What is the Enforcement Criminal Court?

The special court, which is responsible for adjudicating the crimes defined between Articles 331 and 345 of the Enforcement and Bankruptcy Law and related to the enforcement law, is called the enforcement criminal court. Enforcement criminal courts are only in charge of dealing with cases related to enforcement and bankruptcy, as they are criminal courts under special laws. In this context, the cases that can be handled by the enforcement court are listed as follows;

The crime of reducing the debtor’s assets in order to harm his creditor
The crime of incapacitating or aggravating the debtor’s condition
The crime of obtaining special benefits in bankruptcy and concordat affairs
The crime of responsibility of the manager in the commercial enterprise
The crime of erring the authorized persons in restructuring by concordat or compromise.
Crimes committed by those who do not give the bankrupt’s property
crime of illegally abandoning trade
crime of making false statements
crime of breach of commitment
The crime of violating the child delivery order
The crime of re-entering the immovable or ship delivered by the enforcement office
The crime of not complying with the provisions of articles 30 and 31 of the enforcement bankruptcy law
The crime of non-payment of alimony or non-compliance with alimony decisions
crime of withdrawal

In order to be prosecuted in enforcement and bankruptcy cases, the enforcement criminal court seeks the condition of complaint. The person who will make the complaint must make the complaint within three months at the latest from the date of learning about the crime. If the act constituting a crime is learned later, the complaint must be filed within one year from the date of the crime.

What is Bankruptcy?

Anyone who operates a commercial enterprise, even partially, on his own behalf is called a merchant. The collective liquidation method, which ensures the payment of the receivables of all known creditors of a merchant by converting all the seized goods into money, is called legal bankruptcy. Bankruptcy only applies to traders. While no one can demand the execution for himself, the merchants can claim the bankruptcy for themselves. There are two reasons for bankruptcy under the law. The general reason is that the trader’s debt is due and he does not pay his debt.

The specific reasons for bankruptcy are as follows;

The capital company’s liabilities are more than its assets
The existence of the estate is not enough for its debt
In the follow-up made through foreclosure, half of the debtor’s assets are out of hand and the remaining assets are not sufficient to meet the debts that are due and will be due within a year.