Bankruptcy Case

Istanbul enforcement lawyer providing comprehensive legal representation for both creditors and debtors in bankruptcy, concordat and debt restructuring proceedings in Turkey.

Bankruptcy Case

Bankruptcy is the liquidation of all assets of a merchant who cannot pay debts and distribution to creditors.

Bankruptcy Routes

  • Tracked Bankruptcy: As a result of execution proceedings by creditor
  • Non-tracked Bankruptcy: By debtor's own application
  • Direct Bankruptcy: Application to court under certain conditions

Bankruptcy Estate

With the bankruptcy decision, all assets of the debtor pass to the bankruptcy estate and are managed by the bankruptcy administration.

Concordat

Instead of bankruptcy, concordat can be requested for debt restructuring. This allows the business to continue operations.

Frequently Asked Questions

Who can file for bankruptcy?

Bankruptcy actions are generally available against merchants (Commercial Code arts. 16 ff., Enforcement Code arts. 154 ff.). Direct bankruptcy and bankruptcy-through-execution routes are both possible. A creditor may request bankruptcy after unpaid proceedings or based on a certificate of insolvency, and the debtor may request its own bankruptcy. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.

What is the difference between konkordato and bankruptcy?

Konkordato (composition) lets the debtor restructure debts with creditors and continue operating (Enforcement Code arts. 285 ff.). Bankruptcy liquidates the debtor's assets for distribution to creditors. The court grants provisional and definitive moratoria during konkordato. Which is appropriate depends on the company's specific condition. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.

Legal Basis (for review)

Statutes cited in this page's curated answers. Application to a concrete dispute is subject to attorney review.

  • TTK m.16
  • İİK m.154
  • İİK m.285

Need Legal Assistance?

Contact us for expert execution law support.

Related topics in this category

Other Legal Services

Explore our comprehensive legal service areas