PETITION FOR REGISTRATION OF RECEIVABLES WITH THE BANKRUPTCY ESTATE

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TO THE DUTY PRIMARY COMMERCIAL COURT

PLAINTIFF REQUESTING REGISTRATION OF THE CLAIM WITH THE BANKRUPTCY ESTATE :
Title/Name Surname: … LTD. ŞTİ. / (TC/Tax Identification Number: …) – Address: …
APPLICANT (PLAINTIFF) : (If a natural person, name, surname and TC number)
REPRESENTATIVE : Attorney Yağmur YUMLU – Bar Association Registration: 67894 – Address: …

DEFENDANT : … Inc. Bankruptcy Administration – (Bankruptcy directorate/administration address)

SUBJECT OF THE CASE : The plaintiff requests the registration and acceptance of their claim based on a promissory note in the amount of … TL (or … USD) into the bankruptcy estate ; the classification of the claim as an ordinary debt (in accordance with Article 206 of the Bankruptcy Law); and the payment of court costs and attorney fees to the defendant estate.

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EXPLANATIONS

1) The specific case and the origin of the bill of exchange receivable: The bankrupt company, … Inc., is a supplier to our client, and a framework sales agreement dated …/…/2023 was made between the parties for the sale of goods . According to the agreement, the invoices issued by our client on … date and numbered … total … TL . To secure the payment and serve as the basis for the payment, the bankrupt company issued a promissory note with a maturity date of … and a value of … TL ; the note was initially drawn on the creditor … Ltd. Şti. and transferred to our client by endorsement on …/…/2024 . The chain of endorsements is uninterrupted; the note bears the signatures of authorized representatives and contains the signs and elements stipulated in the provisions of the Turkish Commercial Code regarding bills of exchange (Turkish Commercial Code, Article 776 and subsequent articles).

2) Bankruptcy Decision and Fate of Enforcement Proceedings: Shortly before the maturity of the promissory note, on …/…/2024 , the … Commercial Court of First Instance, with its decision numbered …/… E., …/… K., decided to declare bankruptcy against the bankrupt . Following this decision, the enforcement proceedings initiated by the … Enforcement Office under number …/… were automatically suspended pursuant to Article 193 of the Bankruptcy Law , and the enforcement file, including those concerning the bankrupt's assets, became inactive. At this stage, instead of pursuing collection through enforcement proceedings, it became legally mandatory to register the claim with the bankruptcy estate . (See explanations regarding the suspension of attachment/enforcement proceedings against the bankrupt upon the commencement of bankruptcy.)

3) Application to the Bankruptcy Administration and Rejection : After the commencement of bankruptcy proceedings, the client submitted a written application to the Bankruptcy Administration on …/…/ 2024 , providing the original promissory note, the chain of endorsements, invoices and delivery notes, and summaries of commercial ledger entries; requesting the inclusion of the … TL receivable in the bankruptcy proceedings. The Bankruptcy Administration, in its rejection letter dated …/…/2024 , stated that the note was issued " for security purposes " and therefore could not be included in the proceedings . However, in practice and in the Supreme Court, it is accepted that phrases such as "it is a security note/cannot be used" alone do not eliminate the abstract nature (not dependent on a cause) of the promissory note , nor do they automatically diminish its negotiable instrument status. Such claims must be substantiated and proven only within the scope of an objection based on the underlying relationship regarding the lack of consideration .

4) Time Limit and Jurisdiction – The Nature of this Case as a Registration Acceptance Case: Upon notification of the bankruptcy administration's rejection decision to our client on …/…/2024 , we are filing this registration acceptance case within 15 days pursuant to Article 235 of the Bankruptcy Law . In the practice of the Supreme Court, this 15-day period is a special procedural requirement ; it begins to run from the date of notification, and a case not filed within this period will be dismissed on procedural grounds. The competent and authorized court is the Commercial Court of First Instance in the place where the bankruptcy decision was made ; the provision is mandatory .

5) The conditions for conversion to a claim acceptance case have been met in the specific case. The Court of Cassation requires that for a civil case to be converted into a claim acceptance case, (i) the defendant must be bankrupt and (ii) the bankruptcy administration must not accept the claim as collateral . Both conditions are present in the specific case: A bankruptcy decision was issued against the bankrupt on …/…/2024 ; the bankruptcy administration rejected our application with its letter dated …/…/2024 . Therefore, given the nature of the dispute, this case is a claim acceptance case within the scope of Article 235 of the Bankruptcy Law .

6) Burden of Proof and Trial Procedure: Cases involving the registration of a debt are subject to a simplified trial procedure . The burden of proof generally rests with the creditor who wishes to have their claim registered . The client proves the existence of the debt according to general provisions, using the original promissory note, the chain of endorsements, invoices, and delivery notes . If necessary, expert examination of commercial ledgers is requested.

7) The objection regarding the security is unfounded, and the bill of exchange is valid . The bankruptcy administration's justification of the "security bond" is unfounded. The concrete documents show that: (i) the bond was issued as a promissory note contingent upon payment ; (ii) a chain of invoices/delivery notes was established in the underlying relationship through the delivery of goods; (iii) the chain of endorsements is uninterrupted. According to the established jurisprudence of the Supreme Court, the mere presence of the word "security" on the promissory note does not, by itself, negate its status as a negotiable instrument ; however, a claim of lack of consideration arising from the underlying relationship can only have effect if proven by concrete evidence by the debtor/bankrupt . In line with this jurisprudence, the administration's rejection of the registration request based on an abstract emphasis on security is unlawful in this specific case .

8) Adjustment of foreign currency receivables (if any)
: If the receivable is in foreign currency, the Supreme Court's practice to convert the receivable to Turkish Lira (TL) using the exchange rate prevailing on the date the bankruptcy proceedings were initiated and register it in the bankruptcy estate. This is essential for the principles of unity and equality within the bankruptcy estate and determining the order of priority . (In the specific case, the receivable is in TL, and if it is in foreign currency, it will be requested to convert it to TL using the relevant exchange rate.)

9) Interest and Priority Request: Our client requests that the interest accrued up to the maturity date, along with default interest, for the negotiable instrument receivable, be included in the bankruptcy proceedings. While the issue of how interest will be calculated/whether it will accrue upon the commencement of bankruptcy proceedings is evaluated separately for secured receivables and preferential receivables, in this specific case, our request is for inclusion in the priority of ordinary receivables (Article 206/4 of the Bankruptcy Law).

10) In conclusion ; the client's receivable is fully and definitively proven by promissory notes, endorsements, and the chain of commercial ledgers/invoices . The abstract "security" justification of the bankruptcy administration cannot be a reason for rejecting the registration of the receivable . In accordance with the principles of equality and balance in bankruptcy law , the registration of the receivable with the bankruptcy estate is mandatory.

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LEGAL GROUNDS

Turkish Enforcement and Bankruptcy Law (İİK) Article 193 (suspension of proceedings), Article 235 (registration acceptance action), Article 206 (order of priority); Turkish Commercial Code (TTK) Article 776 and subsequent articles (promissory note); Turkish Code of Obligations (TBK) Article 183 and subsequent articles (assignment of receivables); relevant provisions of the Code of Civil Procedure; Supreme Court precedents and other legislation.

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EVIDENCE

1. Promissory note (original), endorsement chain and signature circulars,
2. Invoice and delivery note chain; delivery and receipt documents,
3. The sales/framework agreement between the parties , and any confirmation correspondence/emails, if applicable.
4. … Enforcement Office, …/… , suspension notice,
5. ... Bankruptcy decision and announcement of the Commercial Court of First Instance, numbered .../... E., .../... K. ,
6. Bankruptcy Administration's rejection letter and notification annotation,
7. Commercial ledgers (with opening/closing approvals), trial balance, and bank statement documents
8. Expert examination, witness testimony (if necessary), on-site investigation, and other evidence.

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REQUEST RESULT

For the reasons stated and explained above;

1. The client's … TL (or … USD, converted to TL using the exchange rate prevailing on the date of bankruptcy) shall be registered and accepted by the bankruptcy estate.
2. The claim shall be ranked as an ordinary claim in accordance with the provisions of Article 206 of the Bankruptcy Law ; the portion of the interest accrued from the due/default date to the date of commencement of bankruptcy shall be included in the bankruptcy estate.
3. The court costs and attorney's fees shall be borne by the table.

We respectfully request and demand, on behalf of our client, that a decision be made. 13/10/2025

Plaintiff's Attorney
, Yağmur YUMLU
(Signature)

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APPENDICES

1. Original promissory note and certified copies, chain of endorsements
2. Invoices, delivery notes, receipts
3. Contracts and correspondence
4. Examples of enforcement proceedings files (suspension notice)
5. Bankruptcy decision and announcement
6. Bankruptcy administration rejection letter (with notification annotation)
7. Commercial ledger certifications and trial balances
8. Power of attorney sample, power of attorney for notification
9. Other documents