Enforcement & bankruptcy · Legal information

How Is a Claim Recorded in a Concordat?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Recording a claim in a concordat is not the moratorium staying enforcement proceedings, and the claim is written separately on the commissioner's list. When the debtor is granted a moratorium, many proceedings can stay. If it is not written, it is not assumed that the order is itself set up when the moratorium ends. Recording in the bankruptcy estate is not a copy of this list. A recording day, a pledge rule, and a percentage are not in this note. The time is read from the announcement and from the commissioner's file.

An invoice, a current-account statement, or a cheque can show the type of the claim. Which document was taken as the basis of the list is written. A sentence that we had brought an action orally is not a line on the list. The petition does not put the number of the stayed file in place of the recording. The application is directed to the place shown in the announcement.

The announcement and the commissioner's list

The concordat announcement is the announcement of where the creditors will learn of it. The recording is made at the place shown in the announcement and with the document the commissioner asks for. Service shows that notification, in cases where the announcement was also notified to the person concerned separately. If there is no service, the news is read from the announcement itself, and news is not invented. The document should carry the basis of the claim.

The general name of concordat sits under concordat. Whether the moratorium stays the proceeding sits under the concordat moratorium. The two records do not stand in for the line on the list. A stayed enforcement is not a recording petition. The decision is not built before the announcement is seen. The register record does not itself write the amount of the claim.

A stayed enforcement is not a recording petition

The number of the earlier enforcement file does not mean the new list filled itself. The number shows that the claim may have been asked for earlier. Having been asked for is not having been written on the commissioner's list. The petition does not present the file number as a line. The application writes which document was attached. If there is no annex, it is not completed as if there were an annex.

Enforcement without a judgment on an invoice sits under enforcement of an invoice. Opening a new enforcement while the moratorium stands is not written in place of the recording petition. If the enforcement has stayed, the stay does not mean the claim was accepted. Acceptance or refusal is read from the commissioner's writing. If there is no writing, neither refusal nor acceptance is assumed. If the minutes count the papers that were delivered, that count is read, and a new number is not added.

The bankruptcy estate is not a copy of this list

When bankruptcy is opened, the claim is written in the bankruptcy estate. In a concordat there is no estate. There is the commissioner's list. The two can come one after the other in the same company. An earlier bankruptcy recording does not itself fill the concordat list. The petition does not put the two lists in a single envelope. The document should show which procedure it was given to.

The pledged part and the unpledged balance are not the same sentence. The pledge rule is not written in this note. A percentage is not written either. Realising the pledge sits under a separate heading, and the rule is read from there. It is not carried here. An unpledged invoice balance is shown with the invoice and the statement. If the contract carries the reason for the balance, the contract is attached as well. A contract that was not attached is not told as if it stood on the list.

Missing papers are not a refusal

If it is said there is an invoice for the list and the statement was not put in, the commissioner can see a gap. Completing the gap and never applying are not the same result. If a refusal was written, the ground is read. Without a ground, it is not assumed that the claim was refused. An amount is not produced in this note. If the amount stands on the invoice or the statement, it is read from there, and a new number is not added here.

The recording day is in the announcement and in the commissioner's file. The day is not written into this note as a number. A sentence that the time has expired is not built without the date of the announcement. The decision places the announcement and the application petition side by side. The two dates are not reduced to a single day. A register printout does not stand in for the commissioner's list. Even if there is a printout, the printout does not itself show that the claim was accepted.

Where the list is read from

The question of how a claim is recorded in a concordat is built from the announcement and from the commissioner's list, and this note does not put a stayed enforcement in place of this list. A lawyer in Ankara reads from the document that the office being in Çankaya does not change the authority of the commissioner or of the court. This note does not write a recording day, a pledge rule, or a percentage. This note does not take the bankruptcy estate in the petition for the concordat list.

Conclusion

A concordat claim is read from the announcement and from the commissioner's list. A stayed enforcement file does not stand in for that list. A recording day, a pledge rule, and a percentage are not written. The frame sits on the enforcement and bankruptcy page. The basis is the Enforcement and Bankruptcy Code No. 2004.

Legislation

Frequently asked questions

Does the claim record itself when the moratorium is granted?

No. The moratorium stays many enforcements. Writing the claim on the commissioner's list is a separate transaction. A stayed file does not stand in for the recording petition.

Does recording in the bankruptcy estate do this work?

No. A bankruptcy recording belongs to the file in which bankruptcy was opened. A concordat is not a copy of bankruptcy. The same papers are not piled onto the two lists.

Is pledged property written on this list in the same sentence?

The pledged part and the unpledged balance are not the same sentence. The pledge rule is not written in this note. Realising the pledge sits under a separate heading.

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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