ERDEM-NEWSLETTER-2018-metin

298 NEWSLETTER 2018 stipulates that the concordat trustee may not be assigned during the term of temporary respite, and it is necessary to assign a concordat trustee during the period of temporary respite. In the doctrine, it is argued that this requirement is well-intentioned, as assignment of the trustee is important for protection of the creditors during the tempo- rary respite period, in which the debtor has the power of disposition 4 . Furthermore, as the transactions that are conducted with the approval of the trustee are not subject to the concordat terms, the debtor shall have flexibility in his/her commercial activities during the temporary respite period, in the event a trustee is assigned for this term. Whereas a single trustee could be assigned by the court, in the event the case so requires, three trustees may also be assigned. For this appointment, the financial condition of the debtor must be suf- ficient to afford the assignment of multiple trustees. The decision regarding the assignment of the trustee cannot be appealed. The regulation in Turkish law on this subject diverges from the SwEBL, which stipulates that the decision regarding the assign- ment of trustee may be appealed. In the doctrine, it is argued that the trustee may be dismissed by the court upon the request of the debtor or the creditors, in order to prevent conflicts that the filing of an appeal could cause 5 . As the decision of appointment of the concordat trustee is an ex parte proceeding, the commercial court of first instance may revoke the decision regarding the appointment of the trustee. The principle duties of the concordat trustee during the temporary respite are to investigate whether the preliminary project is reasonable and realizable, and to prevent the diminution of the debtor’s assets through inspection of the transactions of the debtor. The court may assign more detailed duties to the trustee according to the conditions of the case. Moreover, the trustee is obliged to report on the progress during the temporary respite to the court. In the event it becomes clear during the temporary respite that the preliminary project will not be successful, the trustee should not wait until the end of the respite pe- riod to inform the court of this situation 6 . 4 Pekcanıtez / Erdönmez , p. 35. 5 Pekcanıtez / Erdönmez , p. 39. 6 Pekcanıtez / Erdönmez , p. 40.