Enforcement and Bankruptcy Law

Enforcement and bankruptcy law covers the compulsory collection of debts, the financial restructuring of the debtor (concordat) or the termination of its commercial activity (bankruptcy). In this field, which is strictly bound by procedural rules, taking the right step at the right time is critical to preventing rights losses. Emir Law & Consulting conducts enforcement and bankruptcy proceedings strategically and effectively on behalf of both creditors and debtors.

Enforcement Proceedings: Step-by-Step Debt Collection

Depending on whether the debt is documented, execution without judgement or execution with judgement is selected. In execution without judgement, if no objection is filed against the payment order sent to the debtor, the proceedings become final; if an objection is filed, an action for annulment of objection or removal of objection is initiated. Execution with judgement is commenced on the basis of court decisions, notarial deeds and similar instruments and produces faster results. Attachment procedures cover movable and immovable assets, bank accounts and receivables held by third parties. At the conversion-to-cash stage, auction and sale processes are meticulously monitored.

Concordat: Financial Restructuring of the Debtor

Having risen to prominence following the abolition of postponement of bankruptcy in 2018, concordat is a legal instrument that enables companies in financial difficulty to restructure their debts by agreement with their creditors and continue their commercial activities. Our firm has experience in: preparation of the concordat preliminary project and application, representation during provisional and definitive moratorium processes, participation in creditors' committee meetings and votes, management of the court process at the approval stage, and defence of rights against the concordat commissioner.

Bankruptcy: Protection of Rights in the Liquidation Process

In bankruptcy declared by court order, it is of great importance that creditors register their claims with the bankruptcy estate in a timely manner and are placed in the correct ranking category. Our firm provides full legal support in: bankruptcy order requests and bankruptcy objection actions, claim registration with the bankruptcy estate and objection processes, ownership actions (istihkak), collection of claims from the estate during liquidation, and enforcement based on the debtor's provisional and final insolvency certificates.

Creditor Rights and Strategic Litigation Management

Managing multiple debtors and different security structures simultaneously in large commercial receivable portfolios is both a technical and strategic process. We also advise institutional creditors on credit risk management, realisation of collateral (pledge, mortgage, surety) and bulk debt collection processes.

Our Services

• Initiation and management of execution with and without judgement
• Objection to payment orders and actions for annulment/removal of objection
• Attachment of movable assets, immovable assets, bank accounts and third-party receivables
• Enforcement through realisation of mortgage and pledge
• Representation in concordat applications, moratorium and approval processes
• Filing bankruptcy actions or objecting to and defending against bankruptcy
• Claim registration with the bankruptcy estate and objection processes
• Ownership actions (istihkak) and actions for annulment of dispositions
• Advisory on insolvency certificates and debt restructuring processes
• Institutional receivable portfolio management and bulk collection strategy

Why Emir Law?

In enforcement and bankruptcy proceedings, procedural and deadline violations lead to irrecoverable rights losses. Our team, with its experienced attorneys, works strategically and resolutely to maximise both the creditor's collection speed and the debtor's chances of restructuring. We manage every case not merely on procedural grounds but with due regard for the client's commercial reality.