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the bankruptcy in order to postpone the enforcement proceedings due
against him and the payment of its debts. The court will examine
whether bankruptcy is appropriate; if there is a need for a further exam-
ination, it will examine the merits of the case. Otherwise, the request
will be rejected at the very beginning of the case.
With respect to the provisions applicable to the direct bankruptcy
case upon the request of the creditor, Article 181 of the EBL makes ref-
erence to the provisions on the general bankruptcy procedures.
However, the provisions on the last order for payment shall not apply,
and the court declares the bankruptcy once the presence of the receiv-
ables and the ground for direct bankruptcy is proven.
Conclusion
The creditors are entitled to file an enforcement proceeding for the
purposes of bankruptcy in order to request the bankruptcy of the
debtor, as well as to file a direct bankruptcy case where the legislator
considers that the creditor is under the risk of non-fulfillment, or that
the debtor’s financial situation is fragile. In this respect, the EBL pro-
vides certain general grounds for the direct bankruptcy case, and the
Turkish Commercial Code specifies certain grounds for the partner-
ships. In the presence of these grounds, the creditor may file a lawsuit
before the commercial court and prove its receivable and the ground
allowing the initiation of the direct bankruptcy case.
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NEWSLETTER 2015