{"id":1901,"date":"2022-04-17T16:58:26","date_gmt":"2022-04-17T13:58:26","guid":{"rendered":"https:\/\/www.usulhukuk.com\/icra-iflas-hukuku\/"},"modified":"2022-04-30T17:49:17","modified_gmt":"2022-04-30T14:49:17","slug":"enforcement-bankruptcy-law","status":"publish","type":"page","link":"https:\/\/www.usulhukuk.com\/en\/enforcement-bankruptcy-law\/","title":{"rendered":"Enforcement\/Bankruptcy Law"},"content":{"rendered":"

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Enforcement\/Bankruptcy Law<\/h1><\/span>
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In the event that the debtor does not pay his debt, the branch of law that determines how the debt will be collected by the state upon the request of the creditor is called execution and bankruptcy law.<\/h2><\/span>
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Creditors whose receivables are not paid on time by the debtor cannot collect their receivables by force. In this case, coercion (forced execution) against the debtor can only be made by the public authority and within the framework of the law.<\/p>\n

Our clients are provided with transparent and reliable services by attorneys experienced in Enforcement and Bankruptcy Law by Usul Hukuk.<\/p>\n<\/div><\/div><\/div>

Lawsuits and Affairs concerning Enforcement and Bankruptcy Law:<\/p>\n

Execution and bankruptcy proceedings for the collection of receivables,
\nExecution proceedings for the collection of receivables based on current account and invoice,
\nFor the collection of receivables arising from finance, loan and leasing contracts, enforcement proceedings,
\nActions for annulment of objection,
\nNegative clearance and restitution cases,
\nBankruptcy and postponement of bankruptcy cases,
\nDebt objection and remuneration lawsuits,
\nEviction cases,
\nEcrimisil cases and cases against intervention,
\nPrecautionary attachment lawsuits, provisional attachment objection lawsuits,
\nLawsuits arising from lease agreements,
\nConverting the mortgage into cash
\nMine foreclosure lawsuits,
\nTender cancellation cases<\/p>\n

Types of Enforcement Proceedings:<\/p>\n

Prompt enforcement proceedings
\nImproper enforcement proceedings
\nExchange tracking
\npledge tracking
\nmortgage tracking
\nRental tracking
\nChild delivery tracking
\nAlimony follow-up<\/p>\n

Types of Foreclosure:<\/p>\n

Final (Executive) Lien: It is the type of lien that authorizes the sale after the follow-up is finalized.
\nTemporary Seizure: It can be requested if the objection is temporarily lifted.
\nAdditional Seizure: It can be demanded if the seized property does not cover the entire receivable.
\nCompletion Seizure: It is made if the executive director values \u200b\u200bthe seized property incorrectly.
\nPrecautionary Lien: It is preferred when it is desired to secure the receivable.<\/p>\n

The type of the debt and the legal relationship between the creditor-debtor<\/p>\n

Accordingly, one of the above types of lien will be processed.<\/p>\n

What is the Enforcement Criminal Court?<\/p>\n

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;<\/p>\n

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

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.<\/p>\n

What is Bankruptcy?<\/p>\n

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.<\/p>\n

The specific reasons for bankruptcy are as follows;<\/p>\n

The capital company’s liabilities are more than its assets
\nThe existence of the estate is not enough for its debt
\nIn 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.<\/p>\n<\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div>

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Who We Are<\/p><\/h3><\/span>

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Usul Hukuk is an independent law firm that provides the legal support needed by its clients in Turkey, USA, Europe, North Africa and Gulf countries with its lawyers specialized in all fields of law.<\/p>\n

Usul Hukuk, which provides legal consultancy to Turkey’s most important industrial organizations and companies operating in international fields from many sectors, and updates itself in constantly changing fields in the world and in Turkey, provides services to its clients within an organized system with its lawyers and employees who specialize in different fields.<\/p>\n<\/div>

About Us<\/span><\/a><\/div><\/div><\/div><\/div><\/div>
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Global Team. World-class achievements.<\/div><\/h2><\/span>
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Kaan \u00d6z\u00e7elik<\/h3><\/span>
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FOUNDING LAWYER<\/h4><\/span>
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He settled in Do\u011fu\u015f University Faculty of Law in 2011, graduated in 2015 and started to practice as a lawyer. Kaan \u00d6z\u00e7elik, who also continued his master’s degree in private law at Do\u011fu\u015f University, specializes in Capital Market Law, in particular the public offering of companies and their listing on the stock exchange. He also works on Commercial Law, Cryptocurrency Law, Mining Law, Urban Transformation Law, Rental Law and KYC (Know Your Costumer) procedures by actively consulting companies. He speaks English.<\/p>\n<\/div>

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Adem G\u00f6kmen<\/h3><\/span>
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LAWYER<\/h4><\/span>
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He settled in the Department of International Relations at Istanbul Bilgi University in 2011, completed his education with a double major program at the Faculty of Law with the second place in the department, and started working as a lawyer in 2017. Specializing in Law of Obligations, Family Law, Execution and Bankruptcy Law, Banking and Finance Law, Adem G\u00f6kmen works on Fintech – Electronic Money Banking Law and KYC (Know Your Costumer) procedures. He speaks English.<\/p>\n<\/div>

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Bilal Tar\u0131<\/h3><\/span>
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LAWYER<\/h4><\/span>
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He settled in Do\u011fu\u015f University Faculty of Law in 2011, graduated in 2015 and started to practice as a lawyer. Bilal Tar\u0131, who specializes in Commercial Law, Law of Obligations, and Family Law, works in the fields of Professional Athlete and Technical Team Contracts and Arbitration Law in the field of Sports Law.<\/p>\n<\/div>

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\u00d6nder Meydan<\/h3><\/span>
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LAWYER<\/h4><\/span>
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He settled in Kocaeli University Faculty of Law as the second in 2011 and started to practice law after graduating in 2015. \u00d6nder Meydan also works in the field of Enforcement Law, which carries out litigation and business follow-up in many areas of law, including Criminal Law, Law of Obligations, Law of Persons, Enforcement and Bankruptcy Law.<\/p>\n<\/div>

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Miray Kebabc\u0131<\/h3><\/span>
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LAWYER INTERN<\/h4><\/span>
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He settled in the Faculty of Law of the European University of Lefke in 2017 and graduated in 2021. Miray Kebabc\u0131 continues her compulsory legal internship at Usul Law & Consultancy.<\/p>\n<\/div>

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\u015eevval Demirezen<\/h3><\/span>
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PSYCHOLOGICAL COUNSELOR<\/h4><\/span>
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He settled in Maltepe University Psychological Counseling and Guidance Department in 2017 and completed his education in Psychology with a double major program. He serves as a psychological counselor.<\/p>\n<\/div>

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We are happy to serve you<\/h3><\/span>
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We are here to help answer your questions. Legal matters can be complex, our experts are ready to assist you in keeping you informed on anything related to your subject. We take great pride in using our expertise for you and look forward to hearing from you.<\/p>\n<\/div>

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