82/3 of our Bankruptcy Code on enforcement of foreclosure of household goods. a limit has been imposed by regulation. According to the regulation, “except for valuable things such as money, precious documents, gold, silver, precious stones, antiques or ornaments, necessary items cannot be confiscated for debtors and family members living under the same roof; one of them can be foreclosed if there is more than one item used for the same purpose.”
According to the law, money, negotiable instruments (stocks, bonds, checks, etc.) are kept in the debtor’s house.s.), the confiscation of gold, silver, precious stones, antiques or ornaments is possible. There are no restrictions in terms of the numbers, except for the fact that the amount sufficient for the debt is foreclosed.
In the decisions of the Supreme Court of necessary goods; and the current social status of a humble life and sustain the standard of the minimum conditions which ensure the preservation of, and are defined as goods that are required for the survival of the debtor. According to the Supreme Court, the borrower and their family members living under the same roof for “necessary”, which is a refrigerator, washing machine, TV, sofa set, iron, oven, carpet, dishwasher, such as household items that can not be subject to confiscation are necessary for sustaining a decent life. (Supreme Court 12. H.D. 2012/27279 E. 2013/11536 26.03.2013)
Household goods must be necessary for both the borrower and family members living under the same roof as the borrower. The concept of family members living under the same roof includes the debtor’s spouse, children, adoption, relatives of the debtor or spouse living with the debtor.
If there are more than one of the necessary household items, one of them should not be confiscated and left to the borrower. It is possible to confiscate other household items/belongings. As to which household goods should be confiscated and which household goods should not be confiscated, the Supreme Court rules that goods that are easy to store, easy to sell, and have more suitors should be foreclosed on. (Supreme Court 12. Department of Law 2013/34641 2014/889 16.01.2014)
The value of the necessary household goods will not be an obstacle to the complaint of non-foreclosure. However, if the value of the necessary household goods is too exorbitant, the Supreme Court rules that the non-foreclosure complaint will not be heard.(As long as the value of the necessary item is not too exorbitant, it will not interfere with the hearing of the non-foreclosure complaint. Supreme Court 12. H.D. 2013/32782 2013/39098 09.12.2013)
If the above-mentioned necessary household goods are confiscated, a complaint may be filed with the executive court at the location of the executive directorate that placed the foreclosure, against the decision of the executive director who placed the foreclosure. The complaint period is 7 days from the day the subject of the complaint is informed of the transaction (confiscation of necessary household goods). If the enforcement court finds the complaint justified, it removes the lien on the seized item, the item is returned to the debtor.
The issue described above relates to the fact that the goods that are necessary for the debtor and those who live under the same roof cannot be confiscated. There are other issues that are prohibited from foreclosure. It is recommended that those who want to get detailed information about the non-foreclosure complaint contact a lawyer.
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