Gümrük ve Ticaret Dergisi

Yazarlar: Mustafa YAVUZ

Konular:-

Anahtar Kelimeler:Bankruptcy,Postponement of Bankruptcy,Bankrupt’s Certificate,Respite,Trustee İn Composition,Commercial Court

Özet: With the amendment made in the Execution and Bankruptcy Law, the institution of “postponement of bankruptcy”, which is being applied to this side in 2003, is abolished, and instead, the “bankrupt’s certificate” institution in the referred Law is made more effective and functional. In this context, in cases where capital companies and cooperatives are not able to cover their debts and therefore they are insolvent, it is no longer to lodge a claim for postponement of bankruptcy, but to request a bankrupt’s certificate to pay off debts or to get rid of a possible fraud by giving a term or deduction. The creditors were in a decision-making position in the bankrupt’s certificate, while they were completely out of the process in postponement of bankruptcy. In addition, unlike postponement of bankruptcy, other nutural and legal person debtors, other than companies and co-operatives, also have the right to demand bankrupt’s certificate

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