The claim of replevin in bankruptcy and resolution methods

Bankruptcy is a forced liquidation procedure carried out by the bankruptcy bodies on all assets of the bankrupt in order to collect the receivables of the creditors. When the bankruptcy is filed, all the assets of the bankruptcy that can be seized are allocated to the payment of the debts of the bankruptcy by forming the bankrupt's assets (EBL art. 184). At this stage, a third party's property right or another right that can be asserted against everyone may be violated on a property that has been included in the bankrupt's assets. The way to be followed by the third party in order to prevent the use of this property for the debts of the bankrupt is the claim of replevin procedure. Similarly, the bankrupt may have a property right or another claimable right against anyone on a property held by a third party. In this case, the bankruptcy office may claim a replevin against the third party in order to include this property or the right on the property to the bankrupt's assets for the payment of the debts of the bankrupt. In this respect, the claim of teplevin in bankruptcy is a legal solution that allows the removal of this property or its inclusion on the table, based on the claim that the third party or the bankrupt's assets has a right that can be put forward against everyone. In our law, the claim of replevin in bankruptcy is exclusively regulated in EBL art. 228 and only in terms of property rights of third parties. However, the scope of the claim of replevin in bankruptcy should be considered more broadly. In case the claim of remuneration is rejected by the interlocutor, the claimant can continue his claim of replevin by filing a lawsuit against this refusal decision. The third party may file a lawsuit for action of replevin in bankruptcy against the decision of the bankruptcy office to reject the property right claimed against the bankrupt's assets (EBL art. 228) and he may file a lawsuit for action of against the order table against the decision of the bankruptcy office to reject the any other right asserted against everyone except the right of property (EBL art. 235). If the claim of replevin is rejected by third party, the bankruptcy office may file the action of replevin (TCC art. 683/2), and continue its claim. In addition, if the bankruptcy office claims that the immovable property has been registered in the name of a third person instead of the bankrupt with corrupt registration, it may file the action of rectification of land register (TCC art. 1025/1) with a request for registration against the third party.