A copy of the Sequence chart prepared by the directorate is notified to the creditors by the enforcement department. If there is a violation of the bankruptcy law while the sequence chart is being arranged, the creditor may file a complaint. What can the creditor object to in the order list? The creditor can first object to the order in the order chart. For example, I should be in the first place, not in the fourth place. Another issue that the creditor may object to may object to the order of another creditor in the order chart. For example; Person A, yes, can be a creditor, but you have taken the first place, A must be in the fourth place. Another issue that the creditor may object to is that a creditor in the order list is not a creditor. For example, you have put B on the list, but B may say that he is not actually a creditor.
Objection and complaint to the sequence ruler are made in this way. If the creditor objects to the order given to him, he applies to the complaint about the order chart. The provisions related to the complaint are general provisions. All creditors can apply to the complaint method regarding the order list. The duration of the complaint about the queue line is 7 days. If the enforcement court decides to change or correct the order chart upon complaint, the order chart will be re-announced in a different form. A complaint can be filed again against the changed sequence line.
There is also a case of objection to the next ruler. This case is filed against the bankruptcy desk. The subject of the case is that the creditor who has been completely or partially rejected by the bankruptcy administration wants to be written on the order list with the claim that the rejection is unfair. So the creditor says that what I will receive has never been written. This objection case According to article 235 of the FIRST, those who object to the order chart are obliged to file a lawsuit with the commercial court at the place where bankruptcy has been decided within fifteen days from the announcement of the chart. In other words, a lawsuit is filed in the commercial court at the place where the bankruptcy decision is made
In case there is more than one creditor, the order of priority in the order chart is as follows.
Public Receivables
Pledged Receivables
Privileged Receivables
The sequence chart in the foreclosure is made for the distribution of the sale price of a monetized good. The order chart in bankruptcy is different. In the order list in bankruptcy, those who will receive and those who claim rations on the mufli’s property are shown.
The ranking list in bankruptcy is regulated in article 233 of the FIRST NU, the form of the ranking list and the receivables that are not accepted to the ranking list and the objection to the ranking list are regulated in the continuing articles.
According to article 233, ‘After the certain application period for the registration of receivables has passed and within two months at the latest from the date of the election of the bankruptcy administration, a ruler showing the order of creditors is made by the bankruptcy administration in accordance with the provisions written in articles 206 and 207 and left to the bankruptcy office. In mandatory cases, if the bankruptcy administration applies to the enforcement court before the end of two months, the enforcement court may extend this period for a maximum of two more months, except once,’ explained the duration and form of the sequence chart.
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