The filing of bankruptcy does not have any effect on the right to barter as a rule. creditor receivable,
the bankrupt can exchange it with his own debt. However, equality between creditors in bankruptcy
In some cases, exchange cannot be made in bankruptcy in order not to deteriorate and prevent this right from being abused. This
situations are:
- If the debtor of the bankrupt becomes the creditor of the bankruptcy after the bankruptcy is filed,
- If the bankrupt’s creditor becomes the debtor of the bankrupt or the table after the bankruptcy is filed,
- If the creditor’s claim is based on a pregnant written year,
- In the event of bankruptcy of joint stock companies, limited liability companies and cooperatives, the unpaid parts of the share prices to be paid in accordance with the articles of association, or the capital debt that has been committed but not paid, cannot be exchanged with the debts of these companies and cooperatives.
If the debtor of the bankruptcy, knowing that his creditor was incapable before the bankruptcy was filed, and to the detriment of the table, creates a claim against the bankrupt in order to obtain a benefit in the form of barter for himself or a third party, an objection can be made against this swap in court. The lawsuit to object to this swap is filed in the commercial court of first instance in the place where the bankruptcy was decided.
