EN SUPREME COURT
Law Office
Originally: 2015/4549
The Verdict: 2016/3863
Decision Date: 14.07.2016
IT IS KNOWN THAT FOR THE COLLECTION OF TRANSFER RECEIVABLES, THE BANKRUPTCY BOARD WILL BE HELD RESPONSIBLE FOR THE RELEVANT ATTORNEY FEE – DUE TO LEGAL FEES AND ATTORNEY FEES, IN ACCORDANCE WITH THE MINIMUM ATTORNEY FEE TARIFF
SUMMARY: The registration acceptance cases are related to the request for registration of the receivable to the bankruptcy office; since a certain amount is not intended to be paid, the fees and attorney fees in these cases should be determined according to the Attorney’s Minimum Wage Tariff. Despite the court’s decision to accept the registration, the fact that it was not correct to hold the bankruptcy office responsible for the relevant attorney’s fee required that the provision be overturned.
(Law of 6100 SK 3)
Case and Decision: The Plaintiff .. Metal and Construction. Glory. Trade Ltd. Şti. and defendants 1-.. Ins. A.Sh. Bankruptcy Administration Office 2-… 3-.. Cons. suck up the commitment. pet. From the product. San and Tic. Ltd. Şti. Bankruptcy administration officers 1-Lawyer .. 2-.. 3-.. The plaintiff’s attorney and the defendant’s attorney, issued by the Commercial Court of First Instance.. day and .. our chamber, which upheld the verdict.. day and .. it is understood that a request for correction of the decision was made by the Deputy Bankruptcy Administrator against the decision and that the petitions for correction of the decision were submitted within the time limit.
The case was opened with a request for a decision for the collection of the assignment receivable, the plaintiff and the defendant …. Inc.it has been decided to register the decision of the Bankruptcy Office. Upon the objection made by the Bankruptcy Administration, the objection requests were rejected and approved by our Department.
1-Taking into account the texts contained 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’s defendant bankruptcy administration that fall outside the scope of the following paragraph should be rejected.
2- According to the court decision, the claimant’s receivable in the amount of 117.000,00 TL, which he received from the contractor, .. Ins. A.Sh.due to the bankruptcy of, it was stated that it turned into a registration acceptance case in accordance with Articles 235 and its continuation of the Enforcement Bankruptcy Code, and it was decided to register the receivable with the bankruptcy office, and the bankruptcy decision was finalized.
The registration acceptance cases are related to the request for registration with the bankruptcy office that you will receive; since there is no question of paying a certain amount, the fees and attorney fees in these cases should be determined according to the Attorney’s Minimum Wage Tariff. Despite the court’s decision to accept the registration, it was understood that it was not correct to hold the bankruptcy office responsible for the relevant attorney’s fee, and this issue should be corrected and upheld, since it does not require a retrial. It was deemed appropriate to correct and approve it in accordance with Article 438 /VII of the HUMK.
Result: 1 above. for the reasons explained in the paragraph, the plaintiff, the defendant …. A.Sh.2 of the defendant bankruptcy administration’s request for correction of the decision, in full, to the rejection of other decision correction requests of the Bankruptcy Office. according to the acceptance of the clause, our room .. day and .. by partially terminating the approval of the numbered decision, “Defendants ..
Ins. A.Sh. bankruptcy table “by removing the phrase and continuing the same subparagraph “According to the Minimum Wage Tariff for Lawyers, the defendant is paid a fixed attorney fee of 1.500,00 TL….” it has been said. A.Sh. To be collected from the Bankruptcy Desk and paid to the plaintiff, ”to write the word index and APPROVE AND CORRECT the provision in this amended form, to fine the plaintiff 248.00 TL and the remaining 3.20 TL rejection fee of HUMK 442. it has been decided to collect it in accordance with the provisions of the article. The defendant who wants the advance fees to be corrected upon request.. A.Sh.it was unanimously decided to return the company to the Bankruptcy Administration on 14.07.2016.