Introduction
This study analyzes the legal status of a creditor who fails to declare their claim within the 15-day statutory period determined under Article 299 of the Enforcement and Bankruptcy Law (EBL) to the concordat commissioner, their rights, and the legal remedies they can pursue. The judicial decisions examined reveal that missing the deadline does not fundamentally terminate the right to claim, but it restricts the creditor’s procedural rights (such as participating in negotiations, voting, etc.) within the concordat process. The study details the creditor’s position regarding the confirmed concordat project, their possibilities for litigation, and the legal consequences that vary according to different scenarios.
Right to Claim Does Not End: The main sanction for missing the deadline is not the extinguishment (lapse) of the claim. The creditor retains their right to claim under substantive law. In many Regional Courts of Justice decisions, this principle has been “the sanction for not notifying a claim within the fifteen-day period is definitely not the extinguishment of the claim” unanimously emphasized (e.g., Regional Court of Justice-Istanbul Regional Court of Justice 45th Civil Chamber-2022/1980-2023/205).
Procedural Rights Are Lost: A creditor who does not notify their claim within the prescribed period cannot participate in the negotiations of the concordat project, cannot vote, and their claim is not taken into account in the calculation of the concordat quorum. This situation has been “creditors who do not submit a claim notification within the period will not be admitted to the negotiations regarding the concordat project, meaning these creditors will not be taken into account in the calculation of the concordat quorum, and will not be able to vote on the acceptance or rejection of the concordat project” clarified with the statement (Regional Court of Justice-Istanbul Regional Court of Justice 45th Civil Chamber-2023/920-2023/865).
Binding Effect of Approved Concordat: A creditor who misses the deadline is bound by the approved concordat project. Pursuant to Article 308/c of the Enforcement and Bankruptcy Law (İİK), “A concordat that has become binding is mandatory for all claims arising before the concordat request or during the moratorium without the commissioner’s permission.” Therefore, the creditor can only claim their receivable within the framework of the reductions and payment plan in the approved project (Bursa 1st Commercial Court of First Instance-2019/613-2021/1055).
Option to Seek Rights Through Litigation: The creditor has the right to file a lawsuit for the determination and collection of their claim. Two different approaches stand out in this regard:
Lawsuit Under Article 308/b of the EBL: Creditors whose claims have been objected to (or not registered) may file a lawsuit from the announcement of the confirmation decision iwithin one month.
Right to File a Lawsuit Without a Time Limit: Some decisions state that creditors who have not made a timely notification can always file a lawsuit without being subject to the one-month period. “Creditors who have not registered their claims in due time can always file their lawsuits without being bound by the 1-month period. Since these creditors are also bound by the confirmed concordat, if they win a lawsuit filed after the 1-month period… payment will be made to them by the debtor according to the concordat” (bam-Istanbul Regional Court of Justice, 45th Civil Chamber-2022/488-2022/496).
Request for Annulment of the Concordat: If the creditor wins the lawsuit they filed, or if their claim is accepted by the debtor, but payment is not made in accordance with the concordat project, they have the right to request the annulment of the concordat in respect of themselves, in accordance with Article 308/e of the EBL (Izmir 1st Civil Court of Commerce-2025/184-2025/477).
Role of Debtor’s Book Records: Even if the creditor does not make a notification, if their claim is registered in the debtor’s commercial books, it can be added to the list of creditors ex officio by the commissioner. In this case, the creditor becomes included in the concordat project and may no longer have a legal interest in filing a separate lawsuit (Sakarya Civil Court of Commerce-2023/450-2024/289).
Court decisions address the situation of a creditor who misses the deadline to report their claim to the concordat commissioner from different perspectives. The fundamental principle is to protect the essence of the right to claim, but to restrict procedural rights in order to ensure the proper functioning of the concordat process.
1. Legal Nature and Consequences of Missing the Deadline
The 15-day period stipulated in Article 299 of the EBL is not prescriptive; it does not extinguish the claim itself. The primary and clearest consequence of missing the deadline is the prevention of the creditor’s participation in the creditors’ meeting where the concordat project will be voted upon. This means that this creditor is excluded from the calculation of the creditor and claim majority (quorum) required for the acceptance of the project.
However, the creditor’s situation may vary depending on whether their claim is recorded in the debtor’s balance sheet. As stated in the decision of the Bursa 1st Commercial Court of First Instance (2018/1449-2021/139), “Creditors whose claims are recorded in the debtor’s balance sheet are not obliged to report their claims from the date of announcement (Art. 299).” Therefore, while a creditor whose claim is recorded in the balance sheet can be included in the project even if they do not file a report, a creditor whose claim is not on the balance sheet risks being completely excluded from the project if they fail to report.
2. Recourse Options After Confirmation
The most important right of a creditor who misses the deadline is to claim their receivable through judicial means after the confirmation decision. At this point, there are nuances among the decisions:
Disputed Claim Lawsuit (ECA art. 308/b): It is generally accepted that a creditor whose claim is not accepted by the debtor or is not included in the list at all, can file a “disputed claim lawsuit” within one month from the announcement of the confirmation decision. If this lawsuit is won, the creditor gains the right to receive payment under the conditions of the concordat project, just like other creditors.
Claim Lawsuit According to General Provisions: Several court decisions accept that a creditor who did not make a timely notification is not bound by the one-month period and can always file a claim lawsuit according to general provisions. In the decision of the Istanbul Regional Court of Justice, 45th Civil Chamber (2022/528-2022/477), this situation was explicitly stated as: “Creditors who have not registered their claims within the specified period can always file a lawsuit without being subject to a one-month period.” If this lawsuit is won, the debtor will also be obliged to make payment according to the concordat conditions.
3. Creditor’s Status in Different Processes
Rejection of the Concordat Request: If the concordat request is rejected by the court, the suspensive effect of the temporary and definitive respite on creditors ceases. As stated in the decision of the Gaziantep Regional Court of Justice (2025/403-2025/1008), in this case, the creditor becomes free to file a lawsuit or initiate enforcement proceedings against the debtor.
Issuance of Bankruptcy Order: If the concordat process results in bankruptcy, the creditor can register their claim with the bankruptcy estate even if they missed the notification period. In the decision of Konya 2nd Civil Court of Commerce (2023/379-2024/334), it is observed that the objection lawsuit filed against the schedule of claims by a creditor who did not make a notification to the concordat file, after their application to the bankruptcy estate was rejected, was accepted.
4. Right to Legal Remedy
A creditor who missed the deadline has the right to appeal (istinaf) against the concordat approval decision. However, this right is subject to the condition of submitting a written objection to the court at least three days before the approval hearing, in accordance with Article 304/1 of the EBL. The appeal request of a creditor who fails to fulfill this procedural requirement will be rejected on procedural grounds without delving into the merits (BAM-Istanbul Regional Court of Justice 45th Civil Chamber-2024/849-2025/648).
Conclusion
A creditor who misses the deadline for notifying the concordat commissioner of their claim is considered to have waived important procedural rights, such as participating in the negotiation and voting process of the concordat project, while not losing the essence of their claim right. This creditor is bound by the reduction and payment plan brought forth by the approved concordat project. The most fundamental legal recourse available to the creditor is to file a lawsuit for the determination of their claim and its collection under concordat terms, after the approval decision. Court decisions show a tendency that this right to sue can always be exercised without being limited to the one-month period in Article 308/b of the EBL (Enforcement and Bankruptcy Law). The fact that the claim is recorded in the debtor’s commercial books is an important factor that strengthens the creditor’s position. If the debtor fails to make payments in accordance with the approved project, the creditor reserves the right to request the termination of the concordat for themselves. A writing suggestion and related topic redirection.
Why is Expert Concordat Lawyer Support Necessary?
The legal status of a creditor who misses the deadline for notifying the concordat commissioner of their claim has an extremely technical framework, both in terms of substantive law and procedural law. Court decisions indicate that despite the preservation of the claim right, the loss of procedural rights, adherence to the approved project, lawsuit filing periods, the effect of ledger records, termination requests, and appeal limitations each require a meticulous legal evaluation. Therefore, the support of an expert concordat lawyer is critically important to prevent creditors from suffering a loss of rights and to enable debtors to manage the process correctly.
correctly evaluates the legal nature of the 15-day notice period,
determines how the creditor can compensate for lost procedural rights such as negotiation, voting, and quorum impact,
identifies whether a one-month lawsuit according to Article 308/b of the EBL or an indefinite lawsuit according to general provisions should be filed, depending on the creditor’s situation,
analyzes the advantages provided to the creditor by the records in the debtor’s commercial books,
develops the strategy for demanding the termination of the concordat in the event of non-payment according to the approved project,
ensures the creditor is in the strongest legal position in alternative scenarios such as the rejection of the concordat request, a bankruptcy decision, or out-of-court restructuring.
Since the concordat process involves technical details and forfeiture risks, selecting the correct legal path requires professional expertise, even for a creditor who missed the claim notification period. Therefore, working with an experienced lawyer in concordat law is of great importance both for protecting the creditor’s rights and for the debtor to manage the process effectively.
