Enforcement and Bankruptcy Law
This section covers debt collection, attachment, composition with creditors (concordato) and bankruptcy proceedings. The articles are prepared in light of the current provisions of the Enforcement and Bankruptcy Code (No. 2004) and the settled case law of the 12th Civil Chamber of the Court of Cassation.
Enforcement and Bankruptcy law articles
- 01
Initiating Enforcement Proceedings: Enforcement With and Without a Judgment
Methods for collecting a claim through compulsory enforcement
How are enforcement proceedings started? Differences between enforcement with a judgment and without a judgment, the request, payment order and attachment.
18 April 20265 min - 02
Objection to the Payment Order: Time Limits, Formalities and Legal Consequences
The debtor's seven-day right to object
How is an objection to a payment order filed, what is the time limit, and when does it stay enforcement? Objection to the debt, objection to the signature, and late objection in practice.
05 April 20265 min - 03
Attachment and Exempt Assets: Scope and Avenues of Complaint
Limits on the debtor's protected property
How is attachment carried out, which assets cannot be attached, what is the cap on salary attachment? The scope of the protections the debtor enjoys under İİK m.82 and m.83.
22 March 20266 min - 04
Composition with Creditors (Konkordato): Conditions, Moratoria and Court Approval
A restructuring route for insolvent companies
What is composition (konkordato), how do the provisional and definitive moratoria work, what are the conditions for approval? The institutional procedure for relief from financial distress.
08 March 20267 min - 05
Bankruptcy Action: Grounds, Competent Court and Procedure
Enforcement by way of bankruptcy against merchant debtors
Against whom can a bankruptcy action be brought, and what are the routes of follow-up and direct bankruptcy? The fundamentals of bankruptcy proceedings before the commercial court of first instance.
22 February 20266 min - 06
Preliminary Attachment: Conditions, Security and Practice
Provisional protection securing the claim
What is preliminary attachment, on what conditions is it granted, what are the security rates? The provisional-protection procedure for matured and immature claims.
10 February 20266 min - 07
Action for Annulment of Objection: Time Limit, Competent Court and Enforcement-Denial Damages
The route available to the creditor under İİK m.67
What is the action for annulment of objection, how is the one-year period calculated, what is the rate of enforcement-denial damages? The route to overcome an objection in the ordinary courts.
28 January 20265 min - 08
Dishonored Checks and Legal Liability: The Cheque Act (No. 5941)
Judicial fines, check-issue bans and collection routes
Elements of the offence of dishonored check, amount of judicial fine, ban on issuing checks, and the legal routes available to the holder.
15 January 20266 min - 09
Negative Declaratory and Discharge Action: Application of İİK m.72
Judicial declaration that no debt is owed
What is a negative declaratory action, the conditions for filing before and after enforcement, the interim-measure condition, and conversion into a restitution action.
08 January 20265 min - 10
Enforcement Auction and Annulment of the Auction: Seven-Day Period and Grounds
Procedure, complaint and review in compulsory sale
How is an enforcement auction held, who may seek its annulment and within what period? Grounds and consequences of annulment under İİK m.134.
02 January 20266 min