ERDEM-NEWSLETTER-2018-metin

288 NEWSLETTER 2018 Amendment in the Priority Order of the Receivables Pursuant to the Law, the priority order of the receivables under Article 206 of the EBL is also altered. In this regard, the Law stipulates that only after the receivables that are ensured by pledged property are covered, certain public receivables, such as customs duties, shall be paid on a priority basis as to other receivables. Shortening of the Terms Regarding Liquidation of Bankruptcy As the liquidation of bankruptcy takes a long time in practice, the term of deciding on whether the liquidation shall be made according to the regular or the simple procedure after the notification of the deci- sion of bankruptcy is reduced from three months to two months. Thus, it is stipulated that the liquidation will be completed within a shorter period 5 . In addition, three months’ principal term and three months’ extended term stipulated for preparation of the alignment list are re- duced to two months in order to prevent prolonging of the liquidation in the bankruptcy 6 . Amendments Regarding the Matters that are Subject to Administrative Jurisdiction Pursuant to Law numbered 7078, matters that are subject to an administrative jurisdiction application to the enforcement proceeding without a court ruling is impossible. In the same line, according to the temporary Article added to the EBL through the above-mentioned Law, the enforcement officers shall dismiss the enforcement proceed- ings without a court rule on the matters that are subject to administra- tive jurisdiction that were commenced prior to the date of entry into force of the related article, as per the request, and this decision shall be notified ex officio to the creditor. Under the related regulation, the creditor may apply the complaint procedure within seven days as of the notification date of the decision of dismissal, and may file a lawsuit before the administrative courts within thirty days as of the finaliza- tion of the decision. Proceedings cannot continue until the finalization 5 Preamble of the Law No. 7101, Article 5. 6 Preamble of the Law No. 7101, Article 8.

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