Enforcement and Bankruptcy Law
In society, debt collection processes are on the agenda for real or legal persons who do not pay their debts due to the fact that monetary receivables and receivables between people often lead to disputes. The purpose of these arrangements is for creditors to provide their receivables. So, what is enforcement? What is bankruptcy? What is enforcement law? What is bankruptcy law? What are the enforcement and bankruptcy law services of CKAY Law Firm? In the light of the answers to these questions in our article, we have compiled various information on execution and bankruptcy law!
What ıs Enforcement?
The basis of enforcement is based on the Execution and Bankruptcy Law No. 2004. It refers to the collection of a receivable through the enforcement organs of the state. Enforcement offices are the main bodies for enforcement proceedings. The enforcement process, which can also be defined as the “collection process of receivables”, begins with the application made to the enforcement offices. This process is also called “executive proceedings”.
What ıs Seızure?
Foreclosure refers to the seizure of certain rights and property. After the request of a creditor, the property and rights of the debtor person, institution or party can be confiscated. The foreclosure is made by the executive directorates. So, how is the actual seizure made? In the confiscation process, the debtor’s goods with a value equal to the amount of the debt are determined and a report is kept at the place of attachment. If the creditor requests, these goods are delivered to the third party trustee until the sale or, with the approval of the debtor, the debtor continues to keep the goods as the trustee. So, what are the types of foreclosures? foreclosures; It is divided into types such as executive (final) seizure, temporary seizure, additional seizure, completion seizure. The main purpose in these types of foreclosures; is the fulfillment of the request for the assurance of the receivable. The type of seizure to be applied on the debt or credit varies according to the debt relationship between the debtor and the creditor.
What ıs Bankruptcy?
Bankruptcy is defined in the Turkish Language Institution (TDK) as “The situation of a businessman who is determined and announced by a court decision that he cannot pay his debts, bankruptcy, bankruptcy, bankruptcy…”. Bankruptcy is requested for real or legal persons. Bankruptcy is a situation of “discontinuation” or “closure of the company”, which usually concerns companies and is also related to debts. A person or company may become unable to pay its debts. In this case, bankruptcy can be requested by applying to the authorized institutions. In this case, the assets of the person or company are converted into cash and paid to the creditors. Bankruptcy may occur in merchants or non-merchants. The competent court in the bankruptcy case is the commercial court of first instance.
What ıs Enforcement and Bankruptcy Law?
Enforcement and bankruptcy law is a branch of law related to debt relations. Execution and bankruptcy law, which aims to protect the creditor of debts that cannot be collected in due time, is a very broad concept. It is also known as “enforcement law” or “prosecution law”. In enforcement and bankruptcy law; There are answers to many questions such as what is enforcement, what is bankruptcy, what are the types of enforcement, what are the types of bankruptcy. Many issues related to enforcement and bankruptcy processes, from execution without judgment to execution with judgment, from bankruptcy proceedings to the announcement of concordat, are evaluated within the framework of enforcement and bankruptcy law.
What are Enforcement and Bankruptcy Lawsuits?
Enforcement and bankruptcy cases are an institution that is used in all disputes related to debt and credit. Reconciliation and resolution are sought in these cases. In this process, there are many stages such as determining the debtor’s assets for foreclosure, debt liquidation negotiations between the debtor and the creditor, connecting the liquidation negotiations to a protocol, non-compliance with loan agreements and bankruptcy declaration.
The main cases filed within the framework of enforcement and bankruptcy law are as follows;
- Procedural enforcement proceedings,
- Enforcement proceedings without judgment,
- Enforcement action for the collection of the receivable,
- Bankruptcy case for the collection of receivables,
- Execution proceedings for receivables based on current account,
- Enforcement proceedings for invoice-based receivables,
- Execution proceedings for finance receivables,
- Enforcement proceedings for loan receivables,
- Execution proceedings for the receivables arising from the leasing contract,
- Action for annulment of enforcement objection,
- Negative clearance lawsuit,
- Restitution lawsuit,
- Bankruptcy postponement case,
- Debt appeal lawsuit
- Debt recovery lawsuit,
- Year-based enforcement proceedings,
- Eviction cases,
- Ecrimisil case,
- Prohibition case of the intervention,
- Precautionary lien lawsuit,
- Precautionary foreclosure objection case,
- Lease contract lawsuit,
- Mortgage cases,
- Tender cases.
Apart from these cases, which are evaluated in the field of enforcement and bankruptcy law, there are also independent cases related to enforcement and bankruptcy law. The follow-up and other processes of these cases are evaluated within the scope of enforcement and bankruptcy law.
Attorney at Enforcement and Bankruptcy Law
Enforcement and bankruptcy law is a broad area of law that is linked to some laws and regulations, especially the Enforcement and Bankruptcy Law and the Code of Obligations. Enforcement bankruptcy law, which is mainly for debts not paid on due date, is a highly technical issue. For this reason, it is recommended to follow the process through enforcement lawyers who are experts in the field. As CKAY Law Firm, we provide professional legal support to those in the field of enforcement and bankruptcy law. How are enforcement and bankruptcy cases filed? What should be done before foreclosure for debts under enforcement proceedings? Where to start to make a bankruptcy decision? We provide services with enforcement lawyers on this and similar enforcement and bankruptcy law.
Thıngs to Know About Enforcement and Bankruptcy Law
- Enforcement and bankruptcy law are sub-branches of follow-up law.
- Within the scope of the rule of law, every citizen has the right to demand the protection of his receivables from the state.
- Enforcement proceedings are carried out by the enforcement bodies against the debtor.
- During the bankruptcy proceedings, the movables belonging to the debtor are sold and the income obtained is paid to the receivables.
- If the income obtained from the sale of the debtor’s property as a result of the bankruptcy proceeding does not cover the total receivables of the creditors, the income obtained is distributed proportionally, taking into account whether the receivable is privileged or not.
- Within the scope of enforcement and bankruptcy law, no imprisonment sentence shall be imposed on the debtor, except for the cases clearly stated in the law that will require detention.
CKAY Law Firm and Enforcement – Bankruptcy Law
CKAY Law Firm provides services with expert lawyers in the field of enforcement and bankruptcy law. In the enforcement proceedings for the collection of receivables, extensive research is carried out to determine the debtor’s movables, real estates and the rights and receivables of third parties. Our services in the field of enforcement and bankruptcy law; It covers litigation works in execution courts and general courts for the settlement of disputes between the creditor, debtor and third parties.
Some of the services we provide in the field of enforcement and bankruptcy law are as follows;
- Execution and bankruptcy proceedings for the collection of receivables,
- Debt settlement negotiations between debtor or creditor clients and the other party,
- Making peace agreements into protocols,
- Postponement of bankruptcy,
- Resolution of disputes arising from bank loan agreements.
As CKAY Law Firm, we offer enforcement proceedings and bankruptcy proceedings regarding the collection of overdue debts and legal sanctions in this regard. We carry out debt collection procedures in accordance with enforcement and bankruptcy law. You can get support from our enforcement and bankruptcy specialist lawyers to get information about enforcement and bankruptcy cases, to apply to the necessary places, to carry out enforcement proceedings, to follow the bankruptcy process and to learn about your legal rights regarding enforcement and bankruptcy! Call now!