In short
The question of how a claim is pursued against the surety of a bankrupt is not a copy of filing with the estate. When the principal debtor goes bankrupt, the creditor notifies the claim to the estate. The surety’s debt does not end of its own accord with that notice. The type of the suretyship contract and the part collected from the estate are read side by side. A period and a rate are not in this text. A promise of collection is not built either.
The two doors are not the same petition
When bankruptcy opens, the fate of attachments against the principal debtor is a separate question. That question does not describe the attachment at the surety’s house, and it does not take the place of the suretyship document. Filing with the estate belongs to the bankruptcy file. Enforcement against the surety belongs to the enforcement file where the surety is. One is not treated as the cashier of the other. The two doors stay separate even if the creditor did not ask for the bankruptcy. The notice petition is read together with the invoice and the contract annex. A missing annex is not treated as filed with the estate, and the sum asked of the surety is not turned, by this gap, into an invented rate.
There is no double collection
If money has come from the estate, the balance asked of the surety falls by that much. If it has not come, the balance is not reduced of its own accord by a share the estate is assumed to pay later. The reduction is read from the collection document. The surety is not shortened as a joint and several debtor in every case. The type of suretyship in the text is chosen. If the surety’s own bankruptcy has been opened separately, that file does not take the place of the suretyship contract either. The same price is not taken a second time both from the estate and from the surety, and this prohibition is not the announcement of a particular percentage.
Neighbouring records do not finish the surety
General enforcement against the surety sits under enforcement against a surety, and attachment when bankruptcy opens sits under does the attachment fall. Filing with the estate in the bankruptcy estate and the opening of a bankruptcy action in a bankruptcy action are separate doors. The general name of a joint and several pursuit is under a joint and several debtor. These records do not write a period or a rate when the surety of a bankrupt is pursued. The type of suretyship is read from the contract, and the type is not converted into a percentage of its own accord.
How the surety’s door is read
The suretyship contract, the petition given to the estate, and the collection document stand together. The three are not taken for one minute. An Ankara lawyer does not put the Çankaya office in place of the bankruptcy estate or the enforcement office. The authority is read from the record the file is tied to. A period and a rate are not under this heading either, because the balance comes out of the collection document, and the type of suretyship comes out of the contract. A draft decision is not written before these three papers are seen.
Which document the balance comes down from
A collection that comes from the estate is deducted from the balance asked of the surety. The deduction is made with the collection document, not with an oral estimate of a share. While there is no document, the balance is not reduced of its own accord by a sum the estate is assumed to pay later. Writing the same claim a second time both to the estate and to the surety does not remove the fact that the two files are separate doors. A double collection is still not made. This prohibition is not the announcement of a particular rate or percentage. A period is not written either, because when the surety’s debt will fall is read from the contract and from the collection record.
If the suretyship contract shows a distinction between ordinary and joint and several, that distinction is chosen. If it does not appear, the type is not invented. The surety’s own bankruptcy file is not a copy of the principal debtor’s estate, and the record in that file does not erase the suretyship signature. An invoice can be the document of the principal debt, but it does not by itself build the rate of the sum the surety is liable for. If the petition is written without separating which file asks for what, the two doors mix. The decision does not announce a balance until the contract, the collection document, and the estate record stand side by side. When the sum in the petition the creditor gave to the estate and the sum asked of the surety join in the same sentence, it looks as if a reduction was made without a collection document. That appearance does not take the place of the document. The part the surety paid is written separately, and that payment is not taken for the principal debtor’s share in the estate. The cover accounts of the two files are not pasted onto each other. The price the surety paid is not treated as having been asked a second time before it is entered in the estate record.
Conclusion
In bankruptcy the surety is read from the filing with the estate and from the surety’s own file. The principal debtor’s bankruptcy does not erase the signature. A double collection is not made. A period and a rate are not invented. The frame is on the enforcement and bankruptcy page, and the basis is in the text of the Enforcement and Bankruptcy Code No. 2004 and the Turkish Code of Obligations No. 6098.