The Law on the Amendments on the Execution and Bankruptcy Law and Other Laws No. 7445, also known as the 7th Judicial Reform Package, which brings significant changes, was published in the Official Gazette on April 5, 2023. This article will examine important amendments related to seizures in house, the removal of certain household items from seizure, and other key changes in the Enforcement and Bankruptcy Law.
Seizure in The House Has Become Subject to The Approval of The Court
According to the newly added Article 79/a of the Enforcement and Bankruptcy Law, seizure in house now require the approval of the judge. When the enforcement officer determines that the place to be seized is a residence, they will issue the seizure decision and submit it to the enforcement court for approval. The court will give a definitive decision on the approval of the seizure within three days at the latest.
If it is realized that the place subject to the seizure is not a residence after the court's approval, the seizure will continue. However, if it is established during the seizure process that the place is indeed a residence and the debtor does not consent to the seizure, the enforcement process will be terminated, and another court decision will be sought.
Changes in Non-Seizable Household Items
The provision in Article 82, which previously stated that if there were multiple similar items of essential use for the debtor and family members living under the same roof, one of them would not be subject to seizure, has been revised. Now, the exemption applies to the personal belongings of the debtor and family members living under the same roof, as well as all household goods used for the same purpose. This means that it is sufficient for the item to belong to the individual debtor rather than being necessary for the family. Furthermore, the practice of allowing the seizure of one of multiple similar items (e.g., two televisions) has been terminated. However, this exemption still requires that both items be made available for common use by the family.
Application of the New Provisions
The provisions in Articles 79/a and 82 of the law will not be applied to seizures conducted before April 5, 2023.
Disposal of Unnecessary Seized Goods
An article has been introduced to provide detailed regulations on the disposal of seized goods that are no longer necessary to keep. According to the regulation, the debtor will first be asked to take back the goods, and if he does not comply, the lienor will be notified. If the lienor refuses to take the goods, the seized goods will be sold at a public auction by the enforcement office. If they remain unsold, they will be offered to a public auctioneer and the Machinery and Chemical Industry Corporation (MKEK). If no sale occurs, the goods will be donated to the Turkish Red Crescent.