Supreme Court of the Republic of Turkey
15. Law Office
Basis: 2015/4549
Decision: 2016/3863
Decision Date: 14.07.2016
ACTION FOR COLLECTION OF ASSIGNMENT CREDITS – DUE TO LEGAL DUTY AND ATTORNEY’S FEES IN CASES, IN ACCORDANCE WITH THE MINIMUM ATTORNEY’S FEE SCHEDULE – CONSULTED THAT THE BANKRUPTCY BOARD IS HELD RESPONSIBLE FOR THE RELATIVE ATTORNEY FEE
SUMMARY: Registration acceptance cases are related to the request for the registration of the receivable to the bankruptcy desk; Since it is not intended to pay a certain amount, the fees and attorney’s fees in these cases must be fixed in accordance with the Attorney’s Minimum Fee Schedule. Despite the court’s decision to accept the registration, the fact that it was not correct to hold the bankruptcy desk responsible for the relative attorney’s fee required the judgment to be overturned.
(6100 S. K. Act. 3)
Case and Decision: Plaintiff .. Metal ve İnş. Singing. Trade Ltd. Sti. and the defendants 1-.. İnş. Inc. Bankruptcy Administration 2-… 3-.. Cons. commitment em. pet. Product From. San ve Tic. Ltd. Sti. Bankruptcy administrative officers 1-Lawyer .. 2-.. 3-.. The plaintiff’s attorney and the defendant against the .. day and .. decision of our Chamber, which approved the judgment .. day and .. given by the Commercial Court of First Instance.. Ins. Inc. A request for correction of the decision was made by the Deputy of the Bankruptcy Administration and it was understood that the petitions for the correction of the decision were submitted in due time.
The lawsuit was filed with the request of a decision to collect the assignment receivable. Inc. It has been decided to register with the Bankruptcy Desk, the decision of the plaintiff and the defendant …. Inc. Upon the appeal made by the Bankruptcy Administration, the appeal requests were rejected and approved by our Department.
1-According to the texts in the file and the compelling reasons stated in the court decision and adopted in the Supreme Court decision, all other decision correction requests of the plaintiff, which are outside the scope of the following paragraph, of the defendant bankruptcy administration should be rejected.
2- According to the court decision, the claimant’s receivable of 117,000,00 TL, which was assigned from the contractor, is .. İnş. A.Ş.’s bankruptcy, it has been decided to register the receivable with the bankruptcy desk, with the statement that it has turned into a registration acceptance lawsuit in accordance with Articles 235 and the following of the Enforcement Bankruptcy Law, and the bankruptcy decision has become final. Registration acceptance cases are related to the request for the registration of the receivable to the bankruptcy desk; Since it is not intended to pay a certain amount, the fees and attorney’s fees in these cases must be fixed in accordance with the Attorney’s Minimum Fee Schedule. Despite the court’s decision to accept the registration, it was understood that the judgment was approved this time, since it is not correct to hold the bankruptcy desk responsible for the relative attorney’s fee and this issue should be corrected and approved since it does not require a retrial. 438/VII of HUMK no. It was found appropriate to be corrected and approved in accordance with the article.
Conclusion: For the reasons explained in paragraph 1 above, all of the plaintiff, the defendant …. Inc. The rejection of the other requests for correction of decision of the Bankruptcy Desk, with the acceptance of the request for correction of the decision of the defendant bankruptcy administration in accordance with the 2nd paragraph, the approval of the decision numbered .. day and .. of our Chamber was partially abolished and the “Defendants .. İnş. Inc. bankruptcy desk” section is removed and the continuation of the same paragraph is “According to the Attorney’s Minimum Fee Tariff, the defendant is paid a fixed attorney’s fee of 1,500,00 TL …. Inc. To be collected from the Bankruptcy Desk and paid to the plaintiff” word index to be written and the judgment to be APPROVED AND CORRECTED in this modified form, to be charged a fine of 248.00 TL and the remaining 3.20 TL refusal fee to the plaintiff who requested the correction of the decision, pursuant to the provision of Article 442 of the Code of Civil Procedure. The defendant requesting correction of the advance fees upon request .. A.Ş. It was unanimously decided on 14.07.2016 that he be returned to the Bankruptcy Administration.
