Enforcement and Bankruptcy Proceedings Suspended Until April 30, 2020 22 March 2020
Enforcement and Bankruptcy Proceedings Suspended Until April 30, 2020
Within the scope of the measures taken in order to prevent the spread of COVID-19 epidemic disease, enforcement and bankruptcy proceedings were stopped until April 30, 2020 by the Presidential Decree numbered 2279 published in the Official Gazette dated 22.03.2020, numbered 31076 and entered into force on the same date.
The main features and execution principles of the said decision are summarized in below articles.
1. What Does It Mean To Stop Enforcement And Bankruptcy Proceedings?
With this regulation, all the execution and bankruptcy proceedings initiated and ongoing nationwide will stop at what stage they are. In other words, the execution files opened will continue to exist, all the attachments will remain, but new attachments will not be possible, new attachments will not be levied and sales will not be realized. All work and transactions will ceased as they exist.
2. Will The Attachments Be Released?
As a result of Presidential Decree, release of any attachments will not be possible. All attachments will continue to exist, no further action will be taken. Sales, sending money to the enforcement offices etc.
3. Can New Enforcement Proceedings Be Commenced?
Presidential Decree clearly states that new execution and bankruptcy proceedings will not be commenced. For this reason, it is not legally possible to commence new enforcement and bankruptcy proceedings in the enforcement and bankruptcy offices between these dates. Nobody will be able to initiate a new enforcement proceedings against anyone.
4. On Which Dates Will The Enforcement And Bankruptcy Proceedings Stop Exactly?
Pursuant to the Presidential Decree numbered 2279, enforcement and bankruptcy proceedings will be suspended between 22.03.2020 – 30.04.2020.
5. Is There Any Exception?
Follow-up regarding child support receivables is exempted in the Presidential Decree numbered 2279.Therefore the procedures, works and transactions related to the enforcement proceedings for child support receivables will continue to be applied. The decision will not apply to the child support receivables.
Therefore, it is possible to initiate and advance enforcement proceedings regarding child support receivables, for example it is possible to initiate enforcement proceedings and also attachment proceedings can be applied for an initiated follow-up.
6. Are There Any Geographically Exempted Cities Or Regions?
Presidential Decree numbered 2279 related to the cessation of enforcement and bankruptcy proceedings is a regulation introduced in terms of all enforcement and bankruptcy proceedings “carried out nationwide”. For this reason, it will be applied across the country without any city, region or jurisdiction restrictions.
7. What Are The Enforcement And Bankruptcy Proceedings Suspended Across The Country Between 22.03.2020 – 30.04.2020?
All enforcement and bankruptcy proceedings between the dates specified in the Decision, which are not subject to the child support receivables, stopped at that stage at that time. For this reason, it is not possible to initiate a new enforcement or bankruptcy proceedings between 22.03.2020 – 30.04.2020 for the receivables not related to the child support receivables, to carry out any follow-up transactions for the enforcement or bankruptcy proceedings that started before 22.03.2020. In addition, it is clearly mentioned in the Decision that new enforcement and bankruptcy proceedings will not be taken.
It is necessary to underline once again that between 22.03.2020-30.04.2020, new enforcement and bankruptcy proceedings will not be initiated and new enforcement proceedings will be made only in terms of the child support receivables. It is also regulated in the Decision that provisional attachment decisions cannot be enforced or executed. In other words, while it is possible to have provisional attachment decision, the execution and enforcement of the provisional attachment decisions given by the Court were stopped and the enforcement of the provisional attachment decisions was prevented.
8. Is There Any Exceptional Regulation In Terms Of Provisional Attachment Decisions?
The Presidential Decree numbered 2279 has only one exception which is related to the child support receivables and does not impose an exceptional regulation for the enforcement and execution for the provisional attachment decisions. Therefore, as a “rule”, the possibility to request from courts to issue a provisional attachment order was not removed, but the execution and enforcement of the provisional attachment decisions were stopped between 22.03.2020-30.04.2020. Consequently, the duration for the complementary formal procedure for the provisional attachment proceedings has also stopped. The duration related to the complementary formal procedure will continue to resume on 30.04.2020. To be more precise, all durations for a pending provisional attachment decisions has already been stopped and will start to resume after 30.04.2020.
9. What Is The Legal Basis Of The Decision?
Article 330 of Bankruptcy and Enforcement Law dated 2004 regulates that “In case of epidemic disease, a common misfortune or war, enforcement proceedings may be suspended by Presidential Decree for a certain period of time in some part of the country or in favor of some economic groups”. The Presidential Decree numbered 2279 was taken using this legal basis and it was decided to suspend the execution and bankruptcy proceedings.
10. What Is The Purpose Of The Decision?
As it is known, COVID-19, which is defined as the new type of corona virus, has been declared as a pandemic by the World Health Organization. In order to prevent the spread of the epidemic in our country, it was decided to stop enforcement and bankruptcy proceedings with the Presidential Decree numbered 2279.
11. What Will Be Happen After 30.04.2020?
Enforcement and bankruptcy proceedings were stopped until 30.04.2020 by the Presidential Decree numbered 2279. After this date, if no new decision is taken, enforcement and bankruptcy proceedings will continue from where they left off. The possibility to initiate follow-up and party transactions will be regained. All durations stopped between 22.03.2020-30.04.2020 will start to resume. Therefore, from 04.05.2020, the enforcement and bankruptcy offices will continue to carry out all the transactions.
Other News
-
23.10.2025
The Obligation for the Principal and Subcontractor Employers to Jointly Participate in Mediation Has Been Annuled by the Constitutional Court
An important Constitutional Court decision has been published regarding the mediation process that an employee can apply to with a request for reinstatement after the termination of employment relations in the workplace. The Constitutional Court ruled that the provision in paragraph (15) of Article 3 of the Labor Courts Law No. 7036, which states, "In cases where there is a principal employer-subcontractor relationship, for a request for reinstatement to be submitted to a mediator, the employers must participate in the mediation talks together and their intentions must be compatible for an agreement to be reached," is unconstitutional. The decision was published in the Official Gazette dated October 17, 2025, and numbered 33050.
-
22.10.2025
The Constitutional Court Has Annulled The Provision Granting The President Authority To Restrict Foreign Exhange And Money Movements!
In its decision No. 2024/193 Merits 2025/136 Decision1 dated 17 June 2025 ("Decision"), published in the Official Gazette on 15 October 2025, the Constitutional Court ("Court") annulled Article 1 of Law No. 1567 on the Protection of the Value of the Turkish Currency ("Law"). The annulled provision had stated that: "The President is authorized to make decisions for the regulation and restriction of the export from or import into the country of currencies, securities, and bonds, and of the purchase and sale of foreign exchange, cash, securities, bonds, precious metals, precious stones, and any goods and valuables made of or containing them; as well as of commercial papers and all means and instruments used for payment, and to take decisions aimed at protecting the value of the Turkish currency."
-
20.10.2025
Seizure of Property Belonging to Persons Other than the Debtor and Protection of Legal Rights
In enforcement proceedings, the seizure of property that does not belong to the debtor but rather to third parties is a situation frequently encountered in practice that leads to significant aggrievements. Uncertainties arising from property regimes complicate ownership relations, making it difficult to accurately determine to whom the property belongs during enforcement measures. Within this framework, when seizure is imposed on property belonging to the debtor's spouse or another third party, the most important legal remedy is the ownership claim (assertion).
-
19.10.2025
Mergers and Acquisitions and the Notification Obligation within the Framework of Competition Law
Mergers and acquisitions (M&A) are at the center of the growth and restructuring strategies of companies. These transactions, serving the purpose of companies to expand both nationally and internationally to increase their market shares or to enter into new markets, not only give rise to economic and commercial consequences but also carry the potential to directly affect the competition dynamics in the relevant market. Therefore, merger and acquisition transactions may affect the competition structure in the market. In this respect, while M&A transactions create strategic opportunities, they are also among the areas carefully scrutinized by regulatory authorities to preserve competitive order.
-
16.10.2025
Important Amendment to the Organized Industrial Zones (OIZ) Implementation Regulation: Additional Time Granted To Participant
Published in the Official Gazette No. 33050, dated October 17, 2025, the "Regulation Amending the Organized Industrial Zones Implementation Regulation" introduces a new Provisional Article 13 to the existing regulation.This new provision allows OIZ participants who have not yet obtained a building permit or a workplace opening and operating license to apply for an extension period under certain conditions.
-
14.10.2025
Current Status Of The Obligation To Maintain Commercial Books In Electronic Form
1. INTRODUCTION With the Communiqué Amending the Communiqué on Keeping Commercial Books Not Related to the Accounting of the Enterprise in Electronic Form, published in the Official Gazette dated September 20, 2025 and numbered 33023 (“Amendment Communiqué”), significant amendments have been introduced to the Communiqué on Keeping Commercial Books Not Related to the Accounting of the Enterprise in Electronic Form, published in the Official Gazette dated February 14, 2025 and numbered 32813 (“Communiqué”).
-
24.9.2025
Social Security Procedures To Be Carried Out By The Employer Following A Reinstateme
Upon receiving notification of a final and binding reinstatement decision, if the employee communicates their intention to return to work within 10 business days, the employer may either reinstate the employee or refuse reinstatement by paying both the four months' idle period wages determined by the court and the compensation for non-reinstatement. As seen, the employer has two alternative courses of action in this situation; however, the procedures to be carried out before the Social Security Institution (SGK) differ in each case.
-
18.9.2025
The Court of Cassation has Ruled That The Competent Court Fot Cases Brought On The Grounds Of Volation Of The Non-Competition Clause Is The Commercial Court of First Instance
1. Introduction The duty not to compete is a type of loyalty obligation owed by the employee to the employer. The employee undertakes not to compete with the employer during the term of the employment contract as part of their loyalty obligation. However, Turkish law does not contain any legal provisions prohibiting the employee from competing with the employer after the employment contract has ended. However, the parties may freely agree that the employee will not compete with the employer after the termination of the employment contract. Articles 444-447 of the Turkish Code of Obligations also contain provisions and restrictions regarding non-competition agreements that may be established between the employee and the employer.
-
15.9.2025
Transfer Fee: Legal Characterization and Practical Application
1. Introduction The concept of a transfer fee is not directly defined in the Turkish Labor Code; its framework and legal nature in practice have largely been shaped by the decisions of the Court of Cassation (Turkey). This practice, which arises particularly in sectors with intense competition and limited skilled labor, is a type of payment that employers must carefully consider within the scope of their employment policies.
-
4.9.2025
Competition in the Labor Market: HR Practices to Avoid
The Turkish Competition Authority ("Authority"), which is entrusted with ensuring the proper functioning of markets, identifying practices that restrict competition, and imposing sanctions against infringements, operates under Law No. 4054 on the Protection of Competition ("Law") without distinction between input and output markets. Labor markets have recently emerged as one of the primary arenas in which entities compete in input markets and, with the influence of various additional dynamics, have become a market increasingly prioritized by the Authority. The Guidelines on Competition Violations in Labor Markets ("Guidelines"), adopted by the Authority on November 21, 2024, serve as an important reference for the prevention of competition infringements in labor markets. In this bulletin, in light of the Guidelines and decisions of the Competition Board ("Board") within the Authority, (i) the fundamental principles and information regarding the application of competition law to labor markets, and (ii) the main prohibited practices to be observed when competing in labor markets will be addressed.
-
28.8.2025
Does An Employee's Extended Period Of Sick Leave Grant The Employer The Right To Terminate The Emploment Contract?
In employer-employee relations, the direct impact of long-term medical reports on the status of the employment contract holds critical importance for both employees and employers. In particular, uninterrupted periods of sick leave lasting for a certain duration are regulated under Article 25/I(b) of the Labour Law as a specific provision that grants the employer the right to immediate termination for just cause and determines the rights to be granted to the employee. In this context, how the employer may exercise the right of termination for just cause following the employee's extended medical leave and the legal basis of this process should be examined in detail.
-
26.8.2025
Regulation On Direct Selling Was Published
The Regulation on Direct Selling ("Regulation"), issued by the Ministry of Trade ("Ministry") pursuant to Articles 47/A and 84 of the Consumer Protection Law No. 6502, was published in the Official Gazette dated 08.08.2025 and numbered 32980, thereby entering into force.
-
17.8.2025
SMS Verification Codes and the Personal Data Protection Board's Guideline Decision No. 2025/1072
The Personal Data Protection Board's Guideline Decision dated 10 June 2025 and numbered 2025/1072 introduces significant regulations regarding personal data processing activities conducted through SMS verification codes, which have become a widespread practice in commercial life. The decision requires significant adjustments to customer relationship management, particularly in the service and retail industries.
-
10.8.2025
Mergers And Acquisitions Of Companies Engaged In Renewable Energy Gereration
In recent years, notable developments in Turkey's electricity market have extended beyond investments aimed solely at increasing generation capacity. The sector has also come into focus through strategic investments and merger and acquisition (M&A) transactions involving companies operating in the field of renewable energy.
-
30.7.2025
Annual Leave, Severance Pay, and Notice Pay in Part - Time Employment Contracts
Part-Time Employment Contract Article 13 of the Labor Law No. 4857 defines a part-time employment contract as "a contract in which the employee's normal weekly working hours are significantly less than those of a full-time employee performing similar work."
