DEBT ENFORCEMENT AND BANKRUPTCY LAW

It is the branch of law that covers the debt of the debtor, who cannot pay the debt, at the request of the creditor, by seizing their movable and immovable assets. This area of law in Turkey is regulated by the Execution and Bankruptcy Law No. 2004.

In terms of enforcement law, the follow-up defines the actions taken for the debtor to pay the debt by the state. A creditor who can not get his receivable can choose one of two different follow-up methods, ilam and non-ilam follow-up. In imamed follow-up, first an imam is received from the court and a specific follow-up path is followed. In ilamsiz follow-up, there is no court order in the hands of the creditor. Applying directly to the executive enforcement office, it issues a payment order for the debtor who does not pay his debt. Ilamsiz follow-up is also called follow-up through ordinary lien. Our services in the field of Enforcement & Bankruptcy Law are as follows.

Services

1. Implementing execution and bankruptcy proceedings/procedures in order to collect receivables.
2. Resolution of disputes that arise from bank loan agreements.
3. Taking and enforcing protection measures decisions (imposing a lien, warrant of distraint and precautionary measures).
4. In executive proceedings, carrying out solution-based research regarding the estimate of the debtor’s movable and immovable properties and of the rights and receivables from third parties.
5. Preparing lawsuits/action for the annulment of the objection, the revocation of the objection, and negative declaratory judgment and the service of litigation.
6. Preparing lawsuits for the annulment of the disposition, objection to the order table, and the annulment of tender and the service of litigation.
7. Preparing lawsuits concerning crimes arising from debt enforcement and bankruptcy and the service of litigation.
8. Within the scope of the bankruptcy proceedings/bankruptcy cases and litigation in the field of Bankruptcy Law, providing service for capital companies that have been determined to be in deep debt and to be in a state of insolvency or offering service about the legal procedure to be applied to against these circumstances.
9. Concerning the requests for composition, offering the following consultancy and advocacy services in collaboration the sworn-in certified public accountant / the expertise of sworn-in certified account and real estate appraiser: offering service and counselling regarding the process of meeting the liabilities arising from the Commercial Code/Commercial Law, evaluation of the corporation’s, company’s financial situation (cash-flow statement, evaluation of interim and final financial statements) within the scope of Debt Enforcement and Bankruptcy Law, preparing financial analysis report, improvement project, payment schedules, the preliminary project for composition, and pursuing the process of the request for composition and the service of litigation.