Fees And Attorney’s Fees In Lawsuits Should Be Provided In Accordance With The Lawyers’ Minimum Fee Tariff
T.C. JUDICIARY
15th Civil Chamber
Main: 2015/4549
Decision: 2016/3863
Date of Decision: 14.07.2016
LAWSUIT FOR COLLECTION OF ASSIGNMENT RECEIVABLE – FEES AND ATTORNEY’S FEES IN THE LAWSUITS SHOULD BE AWARDED ON A LUMP SUM BASIS IN ACCORDANCE WITH THE MINIMUM ATTORNEY’S FEE TARIFF – BANKRUPTCY ESTATE IS HELD LIABLE FOR NOMINAL ATTORNEY’S FEES – REVERSAL OF THE JUDGMENT
SUMMARY: Acceptance of registration cases are related to the request for registration of the receivable to the bankruptcy estate; since they are not for the payment of a certain amount, the fees and attorney fees in these cases should be ruled as lump sum in accordance with the Attorney Minimum Fee Tariff. Although the court decided to accept the registration, it was not correct to hold the bankruptcy estate liable for a proportional attorney fee, which necessitated the reversal of the judgment.
(6100 S. K. Geç. art. 3)
Case and Decision: Plaintiff … Metal and Construction. San. Tic. Ltd. Şti. and the defendants 1-… İnş. A.Ş. Bankruptcy Administration 2-… 3-… İnş. Taah. Em. Pet. Ur. Dan. San and Tic. Ltd. Şti. Bankruptcy administration officers 1-Attorney … 2-… 3-…, the plaintiff’s attorney and the defendant … İnş. A.Ş. Bankruptcy Administration and it has been understood that the petitions for correction of the decision have been submitted within the time limit, the papers in the file have been read, discussed and considered:
The lawsuit was filed with the request to decide on the collection of the assignment receivable, the court dismissed the lawsuit against the defendant …, accepted the lawsuit in terms of the other defendants and collected the receivable from the defendants, provided that it is not repeated in the collection of the receivable … İnş. A.Ş. Bankruptcy Estate, and the decision was accepted by the plaintiff and the defendant …. A.Ş. Bankruptcy Administration, and the file was re-examined upon the request of the plaintiff and the defendant bankruptcy administration to correct the decision.
1-According to the writings in the file, the reasons stated in the court decision and adopted in the decision of the Court of Cassation, all of the plaintiff’s and the defendant bankruptcy administration’s other requests for correction of decision other than the scope of the following paragraph should be rejected.
2- From the court decision, it is seen that the plaintiff’s receivable of 117.000,00 TL, which was assigned from the contractor … İnş. A.Ş. has become a registration acceptance case pursuant to Articles 235 et seq. of the Execution and Bankruptcy Law due to the bankruptcy of … İnş. A.Ş., and the bankruptcy decision has been finalized, it has been decided to register the receivable to the bankruptcy estate. Acceptance of registration cases are related to the request for registration of the receivable to the bankruptcy estate; since they are not for the payment of a certain amount, the fees and attorney fees in these cases should be ruled as lump sum in accordance with the Attorneys’ Minimum Fee Tariff. Since it is not correct for the court to hold the bankruptcy estate responsible for the relative attorney fee despite the court’s decision to accept the registration, and since this issue does not require a retrial, it is understood in the examination made this time that the judgment should be approved by correction, and it is understood that the defendant bankruptcy administration’s request for correction of the decision is accepted and the part of the judgment paragraph regarding the relative attorney fee is approved by correction in accordance with Article 438 / VII of the HUMK No. 1086 by referring to the provisional Article 3 of the CCP No. 6100.
Conclusion For the reasons explained in subparagraph 1 above, all of the plaintiff and the defendant …. A.Ş. Bankruptcy Estate’s other requests for correction of judgment are rejected, and the request for correction of judgment of the defendant bankruptcy administration pursuant to subparagraph 2 is accepted, and the confirmation decision of our Chamber dated … day and numbered … Decision is partially lifted and the 7th paragraph of the court decision, which states “Defendants … İnş. A.Ş. bankruptcy estate” in subparagraph 7 of the court decision and substituting “In accordance with the Attorney Minimum Fee Tariff, the defendant …. A.Ş. Bankruptcy Estate to be collected from the defendant A.Ş. Bankruptcy Estate and to be paid to the plaintiff” and the judgment is approved as amended, and the judgment is approved as amended, in accordance with Article 442 of the Code of Civil Procedure. Pursuant to Article 442 of the Code of Civil Procedure, a fine of TL 248.00 and the remaining rejection fee of TL 3.20 shall be charged to the plaintiff requesting decision correction, and the prepaid fees for appeal and decision correction shall be returned to the defendant … A.Ş. Bankruptcy Administration requesting decision correction upon request, it was unanimously decided on 14.07.2016.
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