In short
When bankruptcy opens, the attachment that was placed falls, ordinary proceedings that are running stop, and the claim is filed with the bankruptcy estate. The route of realising the pledge for a secured claim is read separately, outside this fall. The attachment falling does not erase the claim. The period for filing with the estate is read from the announcement. A day count is not in this text.
An attachment that has fallen does not make the block at the bank come off so that it will pass of its own accord. The bank’s record is released by a writing from the bankruptcy administration or the enforcement office. The creditor’s own message does not bind the bank. A sentence about time is not built while there is no text of the announcement.
The proceedings stop, the claim is not erased
When bankruptcy opens, attachment proceedings that have started against the debtor do not run. Sale, a new attachment, and a payment order are not advanced in this file. The creditor asks for the same claim from the bankruptcy estate. How the action is brought sits under a bankruptcy action. What is read here is the fate of the existing attachment after the action is brought. The bankruptcy order is not treated as having destroyed the claim. The order shows at which stage the proceedings stopped. A stop is not assumed while there is no order.
A provisional attachment, or a final attachment, from before bankruptcy opened falls when bankruptcy opens. An attachment that has fallen does not allocate the asset to the creditor. The asset enters the estate. The creditor reads the rank through filing with the estate and the order of priority. How the filing is made sits under filing a claim with the bankruptcy estate. The filing petition should separate the basis of the claim and, if there is one, the pledge document. A petition that does not separate them has not written an ordinary claim as secured.
The pledge is read apart
A claim secured by a pledge, a mortgage, or a right of retention is read apart from an ordinary attachment. A secured creditor can still go to the route of realising the pledge after bankruptcy opens. This does not mean the ordinary attachment file will continue to sale. The scope of the pledge is read from the title or the contract record. If there is no contract, the limit of the pledge is not invented. A stop during a concordat moratorium is not the same sentence as bankruptcy opening. The moratorium sits under a concordat moratorium. An announcement of the moratorium is not put in place of the bankruptcy announcement. If the two announcements are not standing side by side, one is not treated as the result of the other.
The file does not close because the attachment fell
The attachment falling does not mean the creditor waived the proceedings. Waiver is a separate act. If there is no waiver document, waiver is not assumed. If the bankruptcy closes or is lifted, whether the creditor can open enforcement again is read with the balance at that date. If there is no balance line, a sentence of new enforcement is not built. Collecting the same claim both from the bankruptcy estate and from an enforcement file that is still standing is a double collection. When the second file is a separate intention sits under a second enforcement. How attachment is requested in the file sits under a request for attachment.
Service shows, from the annotation, whom the bankruptcy order reached. If there is no annotation, the day of knowledge is not completed. The minute writes which asset appears attached. If there is no minute, a list of assets is not invented. An invoice can be the document of the claim. An invoice is not itself the filing with the estate. The register can show the pledge annotation on the immovable. The register does not mean the ordinary attachment did not fall.
The creditor should show, on separate lines, the basis of the claim to be filed with the estate, the pledge document if there is one, and the attachment placed earlier. If more than one attachment appears on the same asset, the attachment that fell and the pledge that remains standing are not confused. The bankruptcy administration writes, in a minute, whether the asset entered the estate. If there is no minute, the asset is not assumed to be in the estate. A claim the debtor has against a third person can also be a subject of the estate. The existence of that claim is read from the third person’s notice and from the contract. The claim is not invented while there is no notice. The announcement shows in which place it issued. If there is no place of announcement, there is no start of the period either. That absence is not filled with a day count. The petition does not melt an ordinary claim and a secured claim on the same line.
Where an attachment in bankruptcy is read from
The bankruptcy order and the announcement stand side by side, and this article does not add the period to this text. An Ankara lawyer reads from the announcement that the office being in Çankaya does not change the competent authority. This article does not equate a secured claim with an ordinary attachment falling. This article does not treat a claim that was not filed with the estate as written on the order of priority of its own accord.
Conclusion
When bankruptcy opens, the attachment that was placed falls, and ordinary proceedings that are running stop. The claim is filed with the estate. A secured claim is read separately. A day count is not written. The frame sits on the enforcement and bankruptcy page. The basis is the Enforcement and Bankruptcy Code.