Supreme Court of the Republic of Turkey
Decision Date: 14.07.2016
CASE FOR COLLECTION OF ASSIGNMENT RECEIVABLES – THE REQUIREMENT THAT FEES AND ATTORNEY FEES IN CASES BE RULED AS A VICTIM IN ACCORDANCE WITH THE MINIMUM ATTORNEY WAGE TARIFF – THE BANKRUPTCY TABLE IS HELD RESPONSIBLE FOR THE RELATIVE ATTORNEY FEE – VIOLATION OF THE PROVISION
Abstract: registration acceptance cases are related to the request of the applicant to register with the bankruptcy table; since a certain amount is not intended to be paid, in these cases, the fee and Attorney’s fee must be ruled as a victim in accordance with the minimum Attorney’s wage tariff. Although the court decided to accept the record, it was not correct to hold the bankruptcy table liable for a relative surrogacy fee, which required the provision to be broken.
(6100 P. K. Late. m. 3)
Case and verdict: plaintiff .. Metal and construction. Renown. Tic. Ltd. Şti. defendants with 1 -.. Ins. A.P. Bankruptcy Administration 2 – … 3 -.. Ins. Taah. Em. Pet. Tumor. From. San and Tic. Ltd. Şti. Bankruptcy Administration Officers 1-attorney .. 2-.. 3-.. because of the case between them .. Issued by The Commercial Court of First Instance .. day, and .. our apartment that approved the numbered provision .. day, and .. the defendant with the attorney of the plaintiff against the notice.. Ins. A.P. A request for correction of the decision was made by the acting bankruptcy administration, and it was understood that the decision correction petitions were issued within the period, but the papers in the file were read and considered.:
The case was filed with a request to decide the collection of the assignment, the court will reject the case against the defendant … and from the point of view of the other defendants, You will receive it from the defendants, provided that it does not repeat itself in the collection .. Ins. A.P. It was decided to register with the bankruptcy table, the decision, the plaintiff and the defendant …. A.P. After the appeal made by the bankruptcy administration, the appeals were rejected and approved by our department, and the file was re-examined with the request of the plaintiff and the defendant’s bankruptcy administration to correct the decision.
1-according to the articles in the file, the necessary reasons specified in the court’s decision and adopted in the Supreme Court’s announcement, all plaintiff’s requests for correction of other decisions that fall outside the scope of the following bend of the defendant’s bankruptcy administration must be rejected.
2-from the court’s decision, the plaintiff will receive $ 117,000,00, which he receives from the contractor .. Ins. A.P.because of the bankruptcy, it was decided to register with the bankruptcy table that you will receive with a bet, since the bankruptcy decision has also been finalized, which has turned into a registration acceptance case in accordance with articles 235 of the executive Bankruptcy Code and its continuation. Registration acceptance cases are related to the request of the applicant to register with the bankruptcy table; since a certain amount is not intended to be paid, in these cases, the fee and Attorney’s fee must be ruled as a victim in accordance with the minimum Attorney’s wage tariff. Although the court has decided to accept the record, it is not correct to hold the bankruptcy table responsible for the relative attorney’s fee, and this issue does not require a retrial, while it should be corrected and approved, it is understood in this review that the provision was approved, with the acceptance of the request for correction of the decision of the defendant’s bankruptcy administration, the part of the provision related to the relative attorney’s fee is temporary 3 of HMK 6100. article 438/VII of Humk No. 1086. it was found appropriate to be corrected and approved in accordance with the article.
Result: 1 Above. all of the plaintiff for the reasons described in the paragraph, the defendant …. A.P. To the refusal of the bankruptcy table of other requests for correction of the decision, 2. according to bent, the defendant accepted the bankruptcy administration’s request for correction of the decision of our apartment .. day, and .. 7 of the court’s decision, partially repealing the consent decree. located in Bend, “the defendants .. Ins. A.P. in accordance with the minimum wage tariff for lawyers,the defendant of the victim’s surrogacy fee of $ 1,500, 00 …. A.P. “To write the index of words and to correct and approve the provision in this amended form, Humk 442. according to the provision of Article 248.00 TL fine and balance 3.20 TL rejection fee to the plaintiff who wants to correct the decision, the defendant who wants to correct the decision on request of the appeal and advance fees for correction of the decision .. A.P. It was unanimously decided on 14.07.2016 that it should be returned to the bankruptcy administration.