“With the Decision of the Court of Cassation Grand General Assembly to Unify the Case Law, Decision dated 20/01/2023, numbered 2021/2 E., 2023/1 K., while there is a pending enforcement proceeding against the same debtor over the same receivable, since the second proceeding will unbalance the interests and will be contrary to the execution proceeding economy, it has been decided by majority of the votes that for the purpose of…
“Law on the Amendment of Bankruptcy and Enforcement Law and Some Other Laws which includes new regulations in judiciary, was published in the Official Gazette dated 05.04.2023 and entered into force. The Articles 31, 34, 36, 37, 38 and 41 of the Law will enter into force on 01.09.2023.”
Subsequent to the rejection of the request by the attorney of the creditor that the debtor’s previous (pasif) immovable records to be queried and recorded in the file, attorney of the creditor filed a lawsuit for the annulment of the relevant transaction. The court of first instance decided to reject the lawsuit, since the creditor’s attorney can request the investigation-query procedures for the collection of the receivable through the enforcement…