Simple liquidation in Turkish bankruptcy law

The liquidation processes that constitute the formal dimension of bankruptcy law represent the ultimate goal of this field upon the occurrence of bankruptcy. In the Execution and Bankruptcy Law, there are two ways to achieve this ultimate goal. One of these is the ordinary liquidation procedure, which is regulated by the legislator by establishing detailed provisions as the main principle. The other is the simple liquidation procedure, which is constituted by a few provisions that lack sufficient clarity and form the subject of our study. Simple liquidation is a procedure that is carried out under the predominant authority of the liquidation body of the bankruptcy office, where speed is emphasized, formality is minimized as much as possible, efforts are made to save expenses during the execution of the procedure, and ultimately, it is a simpler procedure compared to the ordinary procedure. Compliance with these qualities should be ensured in the liquidation of bankruptcy through the simple procedure. In cases where there is no clarity, the provisions of ordinary liquidation will be applied by analogy in simple liquidation. However, the simple liquidation procedure has not been subjected to detailed scrutiny by doctrine; the application of provisions regarding ordinary liquidation in simple liquidation has not been explained in detail. The inadequacy of legal regulations regarding simple liquidation and the lack of detailed discussion in doctrine about this procedure have led practitioners (bankruptcy offices and courts) to uncertainty in the implementation of simple liquidation. The aim of the study is to examine simple liquidation in all its aspects and to present the doctrine, judicial decisions, and practice. While trying to achieve this goal, what exists and what should exist has been explained. In addition, an attempt has been made to answer the question of "how can it be better".