The direct bankrupt condition according to the request of the creditor

The direct bankrupt condition according to the request of the creditor is a way that requiring no bankrupt prosecution and the bankrupt is requested of the deptor who is subjected to the bankrupt, from Commercial Court. In order to apply to this way, it is necesarry to be the creditor of the debtor who is subjected to bankrupt and one conditions which have been accepted as restricted according to legislation, have to be realized.Plaintiff has to prove that he/she is creditor. Except this condition, he/she has to prove the reason of direct bankruptcy which has been based on. In this context, it is not exactly necessary to brove the situations that have been described in 177/1. and 2. clauses of Execution and Bankruptcy Law. The Bankruptcy of the debtor, depending on another reason except the one that has been counted as direct bankruptcy reason in law, can not be demanded. Court investigates ex- officio if the debtor is subjected to bankruptcy or not. There is no difference if the debtor is a real or legal person.If all the conditions are fulfilled, court decides the bankruptcy of the debtor without injunction to the debtor.In our master thesis, it has been searched that the creditor may request direct bankruptcy of his/her debtor who is subjected to bankruptcy, from Commercial Court, if one of the situations that have been arranged in 180/2 , 182/1 Clauses of Turkish Commercial Law and in 177, 179, 309/s, 309/t of Execution and Bankruptcy Law, have been realized.