Enforcement and Bankruptcy Proceedings Suspended Until April 30, 2020 23 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
-
16.9.2025
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.
-
5.9.2025
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.
-
29.8.2025
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.
-
27.8.2025
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.
-
18.8.2025
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.
-
11.8.2025
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.
-
31.7.2025
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."
-
30.7.2025
Legal Remedies And The Official Appeal Process For Property Tax Values
a. General Overview Following the enactment of Law No. 4751 in 2002, which amended the Tax Procedure Law, the Property Tax Law, and the Fees Law, the declaration-based system for determining the property tax base was abolished, and the tariff and assesment procedure implemented by administrative authorities was adopted.
-
25.7.2025
Labour Law No. 4857 Amended! Electronic Notification Opportunity Introduced With Rem
Article 109 of the Labour Law No. 4857 has been amended, together with its title and content, by the Law Amending the Law on the Protection of the Value of Turkish Currency and Certain Laws and the Decree Law No. 635 published in the Official Gazette dated 24 July 2025. With this important amendment, the procedures regarding the form of notifications to be made between employers and employees have been redefined.
-
16.7.2025
Terminatıon Right Of The Employer Due To Conviction And Detention And Legal Consequences
In labour law practice, which is a dynamic field based on the principle of protecting the balance between the employee and the employer, the employee's failure to fulfill their obligation to perform work-especially when this results from circumstances that restrict individual freedom, such as conviction or detention-has significant legal consequences regarding the termination of the employment contract.
-
14.7.2025
Radical Change In The Labor Law Dated 14.07.2025: Flexible Week Holiday Period Has Started In The Tourism Sector!
With the Law No. 7553 on the "Amendment of Certain Laws and Decree Law No. 375" published in the Official Gazette on July 14, 2025, important innovations have been introduced in the Labor Law and some other laws. In this context; as of 14.07.2025, with the provision added to the article Article 46 of the Labor Law which regulates the week holiday, flexible week holiday specific to the tourism sector have been introduced.
-
9.7.2025
Climate Law Enacted
The Climate Law No. 7552 ("Law"), which includes regulations on the procedures and principles related to the reduction of greenhouse gas emissions in the fight against climate change, climate adaptation activities, planning and implementation tools, revenues, permits and inspections, and the legal and institutional framework surrounding these, was published in the Official Gazette dated July 9, 2025, No. 32951, and entered into force. This Law sets out general principles and objectives from a casuistic perspective, preferring to leave detailed and technical regulations to secondary legislation.
-
7.7.2025
Mediation Practices In The Land Registry
Pursuant to the amendments introduced by Law on Amendments to the Enforcement and Bankruptcy Law and to Certain Other Laws which was published in the Official Gazette dated 05.04.2023, numbered 32154 to the Law on Mediation in Civil Disputes dated 7/6/2012 and numbered 6325 ("Law"), the scope of disputes that may be resolved through procedural- mandatory- and voluntary mediation has been expanded.
-
27.6.2025
Effects Of The Concordatum Period On Pledgees
Pursuant to Article 285 of the Enforcement and Bankruptcy Law (EBL), a debtor who is unable to pay their debts on time or is at risk of default may request a concordatum. During the period granted to the debtor upon such request, no enforcement proceedings may be initiated, and ongoing proceedings are suspended, in accordance with Article 294/1 of the EBL.
-
18.6.2025
M&A Dynamics in Publicly Traded Companies: New Investment Strategies Through Borsa Istanbul
In recent years, IPOs in Turkey have reached record levels. In 2023 and 2024, a large number of companies started trading in Borsa Istanbul as a result of initial public offerings (IPO) transactions. These IPOs, which attracted great interest from small investors, stand out as important strategic moves in which companies gain transparency and visibility, and also play a role as an important financing tool. With IPOs, publicly traded companies / partnerships are now drawing the attention of not only small investors but also domestic/foreign strategic and financial investors.
