Enforcement and Bankruptcy Law

Enforcement

Today, when commercial activity affects us in every area of life, debt collection has also become a significant area of disputes. Collecting receivables through enforcement proceedings is among the legal services that must be pursued with particular care and attention through to their outcome.

In the course of their commercial activities, individuals sometimes do not or cannot fulfill the obligations they have undertaken under their contracts. Problems in collecting receivables, which are vital for the parties to stay in business, can sometimes expose them to risks that go beyond their commercial life and seriously damage their social life as well. It is well known that effective legal counsel has become a necessity for merchants seeking a measure of security in this area.

At Eker Law Firm, enforcement proceedings are one of our core practice areas, and we have a track record of delivering effective, prompt and protective legal solutions that put our clients' interests first.

• The main services we provide in connection with enforcement proceedings are as follows:
• Preparing and conducting all types of enforcement proceedings
• Attachment (seizure) procedures
• Filing and conducting cases concerning bounced checks
• Preparing and conducting negative declaratory actions and actions for recovery of undue payment
• Filing cases for abuse of duty by a court-appointed custodian
• Filing objections to the debt and to the enforcement proceedings
• Preparing and conducting cases for removal of objection

The questions we frequently encounter in this area are as follows.

The debtor is not paying what they owe me. What can I do?

Enforcement proceedings have been initiated against me, but I do not owe any such debt. What can I do? How and where should I seek my rights?

What actions can be taken against me personally in the course of an attachment?

I have no document showing that I am a creditor. What should I do?

Bankruptcy

Where payment difficulties that merchants experience in their commercial activities raise the possibility that creditors will seek the liquidation of the business, bankruptcy procedures are another key area that we follow closely.

In some cases, our firm offers clients alternative solutions such as restructuring their debts through a concordat (composition with creditors). For individuals facing debt collection through bankruptcy proceedings, effective legal counsel is of vital importance.

• Our bankruptcy law services include:
• Preparing concordat petitions and representing creditors during the concordat process
• Preparing and conducting negative declaratory actions and actions for recovery of undue payment

We also handle matters such as filing cases for abuse of duty by a court-appointed custodian.

• Frequently encountered issues in this area:
• A person I did business with has gone bankrupt. What should I do to collect my receivable?

A company I do business with, which owes me money, has been granted a concordat moratorium. How can I protect my rights?

A person I did business with has wrongfully obtained a bankruptcy decision and is carrying out irregular transactions to conceal assets and avoid payment. How can I protect my rights?

I have started having difficulty making my payments. It has become impossible to meet the enforcement proceedings filed against me. How can I manage the liquidation process for the collection of receivables?

What is a concordat?

I am about to go bankrupt. What should I do to file for bankruptcy, and what legal steps do I need to take?

In what situations could I face criminal liability?

Types of enforcement proceedings

There are three main types of proceedings, depending on what the receivable is based on. Enforcement proceedings without a court judgment are started by a creditor who has no court judgment but holds documents such as an invoice, contract or account statement. The debtor may object within seven days. Enforcement specific to negotiable instruments is based on checks, promissory notes and bills of exchange. The objection period is five days, the payment period is ten days, and an objection does not automatically stop the proceedings. Enforcement based on a court judgment relies on a final or enforceable court judgment and gives the debtor no right to object.

Concordat and annulment of fraudulent disposition

Postponement of bankruptcy was abolished in 2018 and replaced by the concordat (composition with creditors). A merchant unable to pay its debts obtains a moratorium from the court and tries to agree on a payment plan with its creditors. Our firm represents both companies seeking a concordat and creditors who want to protect their receivables during the concordat process. Against transfers and gifts made by a debtor to put assets out of a creditor's reach, an action for annulment of fraudulent disposition can be filed so that the assets concerned can be attached.

Corporate debt recovery

For details of the service we provide to banks, financial institutions, residential complex management companies and commercial businesses, with bulk enforcement proceedings, reporting and online payment collection, please see our Corporate Debt Recovery page. Debtors facing proceedings can find our guide on the Enforcement Department page.

Frequently asked questions