In short
A creditor may enter the enforcement auction of the asset they attached by making a bid. If the auction is left to them, set-off of the claim against the price whose turn has come is discussed. The part that exceeds the claim, and the sale expenses, are paid in separately. This bid does not erase a prior claim on the table of ranking. A bid day is not added to this text.
A bid is not collection itself. The auction does not close the claim of its own accord. The time of the announcement and setting the auction aside are not the subject of this record. The cash to be paid in is read from the conditions of sale and the minutes. When there are no minutes, the cash amount is not completed.
The person who requested the sale and the prospective buyer
When the creditor enters the auction, the status of the person who requested the sale and the status of a prospective buyer join in the same person. When they join, the thought arises that, because they are the creditor, they will not pay cash in. Set-off is discussed only up to the claim in that file which has become final and whose turn has come. An item whose objection is still running, or whose turn has not come, does not take the place of cash security. An item of interest or expense that has not yet been accepted does not stick to the security line because the creditor wrote it so. If the auction price is below the claim, the remaining balance stays with the debtor. Taking the asset does not mean the debt has been wiped. If the price is above the claim, the difference and the expenses enter the cashier. A difference that does not enter can prevent the auction from remaining with the creditor. It is not said that the sale is over without a cashier record.
If the debtor also wants to enter the auction, their security is required separately. The debtor's bidding does not mean they have paid the debt. A payment that would stop the sale is a cover account separate from the auction minutes. If the creditor leaves the auction to someone else, collection is discussed when the price enters the file. Someone else's bid does not collect the creditor's claim at that moment.
The table of ranking waits on the bid
If there is more than one attachment, a mortgage or a participation, the price does not go straight to the creditor. Distribution is made by the table of ranking. Even if the creditor has left the auction on themselves, if there is a secured claim that comes before them, set-off is discussed after that priority. Being the person who had the asset attached does not erase the mortgage. If the valuation was set low, the bid is also discussed over that value. An objection to the valuation is not a condition of entering the auction. A defect of procedure after the auction ends is not closed by bidding. Bidding does not take the route of setting the auction aside from the creditor or from the debtor. If a claim of priority is without a document, a higher rank is not treated as accepted of its own accord.
Security, or an advance on the bid, is written in the conditions of the announcement. The conditions separate the item the creditor may set off and the item they will leave in cash. Saying "I will set the whole of it off" without reading the conditions can lead to the auction falling. Which item remained in cash is read from the line in the minutes.
Neighbouring records
The time of the announcement and of the offer sits under electronic sale. At which stage the sale is requested sits under sale after attachment. The distribution itself sits under the table of ranking. An objection to the valuation sits under a complaint about valuation, and the door after the auction sits under setting the auction aside. This record only separates the creditor's right to bid.
Which papers come side by side
The papers read are the conditions of sale, the auction minutes and the cover statement. Service separates, from the endorsement, whom the announcement reached. If there is no endorsement, service is not assumed. The petition should write which asset the bid was made for. A petition that does not write it is not treated as having aimed at the whole auction. The decision does not announce a cash amount without showing which item the set-off was entered against. The application should show, with the file number, whether the sale expenses were paid in. The contract may describe the nature of the asset. The contract does not take the place of the conditions of sale. An invoice may show the purchase price of the asset. An invoice is not the auction price. The register shows the character of the immovable. The register does not produce the bid amount.
Where the bid file is read from
This article places the conditions of sale, the auction minutes and the cover statement side by side. This article does not write a bid day into this text. This article does not put the creditor's bid in the place of a prior claim on the table of ranking. The Çankaya office does not change the competent authority.
An expense that does not appear in the auction minutes is not completed as a cash item. The debtor's entering the auction does not of itself enlarge the creditor's set-off. If the minutes and the cover conflict, the payment-in line in the minutes is the basis.
Conclusion
A creditor may enter an enforcement auction. The claim is set off against the price whose turn has come. The excess and the expenses are paid in. The table of ranking is not erased by this bid. An Ankara lawyer does not write a bid day without looking at the conditions of sale. The framework sits on the enforcement and bankruptcy law page. The basis is the sale provisions of Enforcement and Bankruptcy Code No. 2004.