Enforcement and bankruptcy law is the branch of law governing the collection of unpaid receivables of individuals or companies through the power of the state, enforcement proceedings against debtors’ assets, and the restructuring or liquidation of debts.
Since payment and objection periods in enforcement proceedings are short and failure to take action in due time may result in significant losses of rights, the process must be conducted carefully. Legal support is important both to enable creditors to collect their receivables lawfully and to enable debtors to exercise their rights against unjust or unlawful measures.
Attorney Yıldız Şahin provides legal consultancy and attorney services to creditors and debtors in the collection of individual and commercial receivables, enforcement proceedings, attachment, sale, eviction, concordat and bankruptcy procedures. Each file is evaluated on its own terms, taking into account the basis of the receivable, the agreement between the parties, payment documents, security interests and the debtor’s assets.
Our Main Practice Areas in Enforcement and Bankruptcy Law
Initiation and conduct of enforcement proceedings without a judgment
Enforcement proceedings based on court judgments
Attachment proceedings specific to negotiable instruments
Collection of receivables arising from checks, promissory notes and bills of exchange
Proceedings for the conversion of pledges and mortgages into cash
Enforcement proceedings for rent receivables and eviction
Collection of maintenance receivables through enforcement proceedings
Conduct of attachment, custody and sale procedures
Attachment of salaries, bank accounts, movable and immovable property
Conduct of electronic sales and auction procedures
Objections to payment orders and enforcement proceedings
Claims for annulment of objections and removal of objections
Actions for negative declaratory relief and restitution
Complaints against enforcement office procedures
Claims of ownership and ownership actions
Claims for annulment of auctions
Actions for annulment of dispositions
Actions for release from debt
Procedures concerning certificates of insolvency and schedules of ranking
Concordat applications and monitoring of concordat proceedings
Bankruptcy proceedings and bankruptcy actions
Evaluation of previous files concerning the postponement of bankruptcy
Bankruptcy liquidation and registration of receivables with the bankruptcy estate
Actions and complaints heard before enforcement criminal courts
Legal Support for Creditors
In the collection of receivables that remain unpaid despite falling due, the appropriate enforcement procedure must be determined according to the basis of the receivable and the debtor’s legal status. Choosing the wrong enforcement procedure or failing to take action within the applicable time limits may prolong the collection process and result in additional costs.
Attorney Yıldız Şahin provides legal support in determining the appropriate enforcement procedure by examining the legal nature of the receivable and the available documents, serving the payment order, conducting attachment procedures and converting attached assets into cash through sale.
Within this scope, the filing of an action for annulment of dispositions against transactions allegedly carried out by the debtor with the aim of concealing assets from creditors, as well as the evaluation of legal measures intended to secure the receivable, are also addressed.
Legal Support for Debtors
When faced with enforcement proceedings, it is important for the debtor to examine the payment order and the basis of the proceedings within the applicable time limit. Where the debt does not exist, has previously been paid, is time-barred, enforcement proceedings have been initiated before an incompetent enforcement office, or the enforcement measures are unlawful, appropriate objection and legal remedies may be pursued.
Within this scope, objections to payment orders, objections to the debt and signature, complaints concerning exemption from attachment, actions for negative declaratory relief and restitution, and complaints concerning enforcement office procedures are prepared and pursued.
For businesses that cannot pay their debts when due or face the risk of being unable to do so, concordat and restructuring options are evaluated, while the preparation of applications and the judicial process are followed from a legal perspective.
Bankruptcy and Concordat Processes
Bankruptcy and concordat are comprehensive processes that may directly affect the rights of companies, merchants, creditors and employees. In these proceedings, it is important to declare receivables, participate in creditors’ meetings, evaluate the concordat project, object to the schedule of ranking and monitor proceedings concerning the bankruptcy estate.
Attorney Yıldız Şahin makes the necessary applications within the applicable time limits in disputes arising from enforcement and bankruptcy law, safeguarding the legal rights of creditors and debtors, and follows the process in accordance with the principles of legal security, transparency and due care.
Since each enforcement and bankruptcy file is unique, the legal course to be followed is determined within the framework of the nature of the receivable, the enforcement documents, the legal status of the parties and the current legislation.
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The information on this page is intended for general informational purposes; the legal assessment may vary depending on the circumstances of the specific matter. The contents do not constitute legal advice or a guarantee of outcome.