Enforcement & bankruptcy · Legal information

What Does the Creditor Read If the Debtor Seeks Their Own Bankruptcy?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

If the debtor seeks their own bankruptcy, the creditor does not read this request like their own bankruptcy action. The debtor who is subject to bankruptcy, or their competent organ, writes the petition. Before the court decision comes out, the bankruptcy estate is not counted as built. The decision is not an acceptance of the creditor's amount. Writing onto the estate, the announcement, the attachment and the surety are not built inside this petition. The creditor looks at whether the decision opened the bankruptcy and at whose the signature is. They do not put their own draft action on top of this file.

Who signs the request

A debtor who is subject to bankruptcy may apply to the court for their own bankruptcy. The creditor does not fill in the application in the debtor's place. In a natural person the signature is tied to the debtor who wrote the request or to the person in the representation document. The power of attorney shows from its own text which work it gave authority for. If the text has no authority that covers this application, the authority is not widened from a collection sentence. In a company the petition carries the decision of the competent organ. If there is no minute, the request is not counted as opened with the creditor's invoice.

The title and the subject of the decision are read in the minute. If the subject does not write a bankruptcy request or the taking of insolvency to the court, the creditor does not add that subject themselves. The signature circular can show who is authorised to represent the company. The circular does not write that the court accepted the request. The trade registry can show the title and the centre. The registry also does not write that the application was accepted. If the registry printout and the petition contradict, the contradiction stands. The printout is not pasted in the place of a missing organ decision.

Who is subject to bankruptcy stands under a bankruptcy action. This text does not rewrite that list or the steps of bringing the action. The authority is read from the heading of the decision. The door of the enforcement office is not the court of this request. The enforcement file number is not taken for the file number of the bankruptcy request. If the two numbers stand side by side, both are written. One is not drawn in the other's place. The creditor does not read the door number of the enforcement directorate as the name of the court.

The creditor's action papers are not looked for on this paper

The creditor's bankruptcy action is built with the creditor's own petition and the proceedings papers. A payment order, a deposit and the capacity of creditor are not looked for in the debtor's request. This trio is not pasted onto the debtor's paper. The special bankruptcy path that runs with a cheque or a promissory note is also not the name of this request. The instrument does not of itself turn the debtor's application onto that path. The steps of that path are not written here. If a photocopy of the instrument stands in the annex of the petition, the annex can be a basis. The annex does not change the kind of action.

The creditor does not become the claimant because the debtor requested it. The capacity of a party is read from the box in the text of the decision. If the box is blank, or if the debtor is written in the box, the creditor is not counted as having brought the action themselves. If the decision did not open the bankruptcy, the creditor cannot use the debtor's petition like their own action. The word creditors in the petition does not make a particular creditor the claimant. Even if the name appears in the petition, the appearance does not build the capacity of a party. The capacity is in the party box of the decision.

An invoice, a current-account summary or a contract can be the document of the claim. The document does not turn the request into the creditor's action. If more than one creditor carries the same invoice, each is not counted as having become a claimant with the debtor's petition. Each creditor's own proceedings papers are looked for in their own file. This request file is not the archive of those papers. Even if a common representative joined the papers in a single envelope, the joining does not build a single action.

The estate is not spoken of before a decision comes out

The petition does not mean the bankruptcy was opened. The opening is written in the court decision. While there is no decision, a bankruptcy administration is not assumed to have been built. Even if there is a decision, the creditor's amount is not accepted in that decision. The amount, the basis and the rank do not come out of the sentence of the decision. If the decision says the opening of the bankruptcy, the opening is limited to that sentence. If there is no acceptance of the claim in the sentence, an acceptance is not added.

If the bankruptcy was opened, the work the creditor will read is not building the same action a second time. The writing of the claim is under recording a claim on the bankruptcy estate. The announcement is a separate announcement text. This petition is not put in the place of the announcement. If a copy of the announcement is not in the file, the copy is not produced from the date of the petition. The fate of the attachment is under does the attachment fall. The surety's door is under the surety of the bankrupt. These records do not explain the debtor's petition. The petition is not counted as having read the attachment minute or the suretyship signature.

The reasoning of the decision may be long and the operative clause short. The creditor does not build from the reasoning an administration that is not in the clause. If the clause does not open the bankruptcy, the sentence of inability to pay in the reasoning is not read in the place of the opening. An interim decision is not taken for a final opening. If the interim decision does not write that the bankruptcy was opened, an opening is not assumed. A preliminary order may say the hearing or the missing papers. A preliminary order is not a bankruptcy decision. A list of missing papers is not a list of acceptance of the claim.

A postponement and a concordat are not the name of this petition

The debtor's own request is not read as a continuation of the postponement of bankruptcy that was removed from force. A request for postponement is not the name of a file opened today. If the word postponement remained on the cover of the file from an old paper, that word does not bring back the path that is in force. The old cover is not taken for the ruling of the new request. The ruling is read from the clause of the new decision. The creditor does not use the old cover as a door of today.

A concordat project is also not a copy of this petition. If there is a project, that file is read separately. While there is no project, a ruling is not built as if there were a postponement. If the project stands, the project is not carried into this text as an annex of the bankruptcy request. If there are two file numbers, the two numbers are written. The creditor does not take the concordat moratorium out from inside this bankruptcy petition. Even if the word moratorium appeared in the petition, the appearance does not make the project the ruling of this request.

The organ's going to the court for a company that is insolvent does not become the creditor's action petition. This going is not written in the place of the postponement that left force. A report of insolvency can be an annex of the organ minute. The report does not build the creditors' ranking. The amount in the report is not an amount accepted onto the estate. If there is no report, the insolvency is not completed with the creditor's statement. The statement does not fill the gap of the organ decision.

Which three lines the creditor places side by side

The creditor places three lines side by side. Did the decision open the bankruptcy. Did the debtor write the request. Which court is the authority. The centre is read from the record in the registry. The branch address does not complete the name of the court. The branch can be the place where the transaction was made. The competent court is not chosen from the branch sign. If one of the three lines is missing, the creditor does not count the file as concluded in their favour. The missing line is not filled with the other two lines.

Service shows from the endorsement to whom the decision went. If there is no endorsement, learning is not assumed. The service going to the debtor does not have it counted as having gone to the creditor too. If the creditor has no endorsement of their own, the creditor is not assumed to have learned the decision. If an electronic service printout stands, the addressee on the printout is read. If there is no addressee on the printout, an addressee is not added. The date of the petition does not take the place of the announcement text. The date shows the moment the request was written. The date is not the moment the estate was built.

If more than one creditor is looking at the same debtor, each creditor keeps their own document separate. A common draft petition does not make all of them claimants. The payment order in one creditor's proceedings is not the other's papers. Even if the representatives are in the same office, the file numbers are not mixed. A note inside the office is not a court decision.

The registry, the branch and the organ minute

The registry record shows the company's title, centre and representatives. The record does not show that the bankruptcy was opened. If a bankruptcy annotation was entered on the registry, the annotation is the trace of the decision in the registry. While there is no annotation, the registry is not counted as having announced the bankruptcy. If there is an annotation, the annotation is not an acceptance of the claim. The date on the annotation is not taken for the date of the creditor's own record. If the title changed, the old title and the new title are read one under the other. The old title is not of itself deleted as the debtor of the new decision. Which title the decision was given for is read from the heading of the decision.

The organ minute writes those who attended the meeting and the decision that was taken. If there is no list of those who attended, a list is not invented. If the decision says that an application will be made to the court, the application is that sentence. If the sentence says the debts were discussed and does not say the application, the application is not taken out of the discussion sentence. A single signature does not of itself pass in the place of the organ minute. If the authority of the person who put the signature to make this application stands in the circular or in the minute, that record is read. If there is no record, the authority is not completed.

The branch manager's writing is not the minute of the central organ. The branch writing can give information to the creditor. The writing is not counted as the company's bankruptcy request. Saying in the writing that they cannot pay is not an application to the court. The application is read with the petition submitted to the court and the organ record. If the submitted petition is not in the file, the text is not completed as if the petition existed. The e-mail in the creditor's hand is not put in the place of the submission.

Conclusion

The debtor's request is not a copy of the creditor's bankruptcy action. While there is no decision, there is no estate. The decision is not counted as having accepted the claim. A postponement that left force is not read as today's door. The framework is on the enforcement and bankruptcy law page. The basis is in the text of Enforcement and Bankruptcy Code No. 2004. The contact record stands for the decision and the organ minute.

Legislation

Frequently asked questions

When the debtor seeks bankruptcy, does the creditor become the claimant?

They do not. The claimant box shows who wrote the request. If the creditor is not in that box, they are not counted as having brought the action themselves. The capacity of a party is not completed from the invoice.

Does the debtor's petition take the place of the payment order?

It does not. The proceedings papers in the creditor's bankruptcy action are not the skeleton of this request. The payment order and the deposit are not pasted onto the debtor's petition. How the action is brought is under a bankruptcy action.

Before a decision comes out, is the claim counted as written onto the estate?

It is not. The estate is spoken of with the decision that opened the bankruptcy. The petition does not of itself build an administration. The act of writing is under recording on the estate.

Is this request a path of postponement that is in force?

It is not. The debtor's own request is not read as a continuation of the institution of postponement that was removed from force. A concordat project is also not a copy of this petition.

If there is no organ minute, does the creditor complete the company's request?

They do not. The company's application is read from the record of the competent organ. If there is no minute, the request is not counted as opened with the creditor's document.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Enforcement & bankruptcy

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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