Enforcement and Bankruptcy Law in Turkey: Legal Support for Creditors and Debtors

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Enforcement and Bankruptcy Law in Turkey

Enforcement and Bankruptcy Law in Turkey provides the legal framework for recovering debts, initiating enforcement actions, and managing insolvency proceedings. At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers represent both creditors and debtors in execution proceedings, bankruptcy filings, asset seizures, and cross-border enforcement actions.

Overview of Turkish Enforcement Law

Debt collection and execution proceedings are regulated under the Turkish Enforcement and Bankruptcy Code (İcra ve İflas Kanunu). Legal remedies include:

  • Payment orders through enforcement offices
  • Asset seizure and garnishment
  • Property foreclosure (immovable and movable)
  • Attachment of bank accounts and receivables

Types of Enforcement Proceedings in Turkey

  • General Enforcement Without Judgment: Used when the creditor holds no court decision or notarial deed
  • Enforcement Based on Court Judgment: For finalized domestic judgments or foreign decisions with exequatur
  • Cheque and Promissory Note Enforcement: Fast-track process for negotiable instruments

We prepare and file enforcement requests, manage objections, and initiate court actions to lift debtor defenses.

Bankruptcy Law in Turkey

Bankruptcy proceedings can be initiated by creditors or companies in financial distress. Legal pathways include:

  • Voluntary Bankruptcy: Initiated by the debtor company
  • Involuntary Bankruptcy: Filed by creditors
  • Postponement of Bankruptcy: Available in some cases to restructure financial obligations

Our lawyers manage the bankruptcy process, creditor filings, and asset liquidation procedures.

Foreign Judgment Enforcement in Turkey

To enforce a foreign court decision in Turkey, a recognition and enforcement lawsuit (tenfiz davası) is required. Prerequisites include:

  • Final judgment from the foreign court
  • No conflict with Turkish public order
  • Reciprocity between Turkey and the issuing country

We handle tenfiz lawsuits and represent clients in cross-border execution matters.

Precautionary Measures and Asset Freezes

  • Precautionary attachment (ihtiyati haciz) for urgent collection of commercial receivables
  • Interim injunctions for asset protection
  • Freezing bank accounts and preventing property transfers

Our team acts swiftly to secure assets and prevent dissipation during litigation.

Debt Restructuring and Concordat Procedures

Companies facing insolvency may apply for Concordat (Konkordato), a court-approved restructuring plan. We advise on:

  • Drafting concordat petitions
  • Negotiating with creditors
  • Submitting financial recovery plans
  • Managing interim period court supervision

Internal Resources and Related Legal Guides

Contact a Turkish Lawyer for Enforcement and Bankruptcy Law

Whether you are seeking to enforce a debt, protect your company from creditors, or resolve complex cross-border insolvency issues, our Turkish Law Firm is prepared to represent your rights. Contact our English Speaking Turkish Lawyers today for immediate assistance.