Enforcement and Bankruptcy Law is a comprehensive branch of law that encompasses the procedures enabling creditors to recover their receivables with the aid of state authority (Enforcement Law) and the rules regulating the liquidation of the assets of debtors who are unable to pay their debts and the distribution of these assets among the creditors (Bankruptcy Law). For the sound functioning of commercial life and the economic order, it is essential that the processes of debt collection and payment are conducted in a lawful, swift, and effective manner. These processes are subject to specific procedural rules and time limits, and they require technical knowledge and diligence.
As Yılmaz DERVİŞ Law Firm, we provide consultancy and representation services to our creditor and debtor clients in all types of proceedings, lawsuits, and legal transactions arising from Enforcement and Bankruptcy Law. Our aim is to protect our clients' rights in the most effective way, to conduct debt collection or debt restructuring processes on a legal basis, and to prevent any potential loss of rights.
Our Primary Services within the Scope of Enforcement and Bankruptcy Law:
Debt Collection Proceedings:
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Initiating and managing Non-Judgment-Based Enforcement Proceedings for receivables not based on a court decision.
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Conducting Judgment-Based Enforcement Proceedings based on court decisions or documents legally deemed equivalent to a judgment.
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Initiating Enforcement Proceedings by Seizure Specific to Negotiable Instruments for the collection of debts based on instruments such as checks, promissory notes, and bills of exchange.
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Obtaining a Precautionary Attachment Order from the court to secure a receivable and implementing this order.
Debtor's Rights and Objection Processes:
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Objecting to the Debt or the Signature within the prescribed time limit against initiated enforcement proceedings.
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Filing Actions for the Annulment or Removal of the Objection on behalf of the creditor if the debtor's objection is unfounded.
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Filing Actions for a Declaration of Non-Debt (Negative Declaratory Action) to establish that a debt is not owed, or Actions for Restitution to recover money paid under the threat of enforcement.
Protection of Creditors' Rights and Liquidation Processes:
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Actions for the Annulment of a Fraudulent Conveyance to cancel legal transactions made by the debtor to fraudulently transfer assets away from creditors.
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Lawsuits Objecting to the Creditor Ranking Schedule, which concerns the distribution of money obtained from the sale of seized assets among creditors.
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Managing Bankruptcy and Concordat (Composition/Reorganization) processes for commercial enterprises or merchants, including bankruptcy administration procedures and the preparation/negotiation of concordat projects.
Enforcement Actions:
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Seizure of the debtor's movable and immovable property, as well as rights and receivables held by third parties, and managing the sale of these assets to convert them into cash.
Enforcement and Bankruptcy Law procedures are bound by strict procedural rules and preclusive time limits (deadlines that lead to forfeiture of rights). The improper management of these processes can result in a loss of rights that is difficult or impossible to remedy. Therefore, it is of great importance to obtain support from an expert lawyer in legal processes related to debt collection or debt issues.
Yılmaz DERVİŞ Law Firm, with its up-to-date knowledge of legislation and practical experience in the field of Enforcement and Bankruptcy Law, aims to provide its clients with effective and solution-oriented legal services. You can contact our firm for your enforcement proceedings, lawsuits, and other related legal transactions.
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