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Bankruptcy Ordinance [New Version], 5740-1980

פקודת פשיטת הרגל [נוסח חדש], תש"ם-1980

Published: 1980-09-09Consolidated Hebrew text as of 2019-01-01 · Last amended 2018-03-15✓ Amendment status checked against the Knesset legislation record on 2026-09-04
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Chapter IX: Evidence

Reshumot (Official Gazette) — Evidence§

230.
(a)A copy of Reshumot (Official Gazette) in which a notice was published pursuant to this Ordinance shall serve as evidence of the facts stated in the notice.
(b)A copy of Reshumot (Official Gazette) containing a notice of a receiving order or of an adjudication of bankruptcy shall serve as conclusive evidence in any legal proceeding of their due making and of their date.

Minutes of Creditors' Meeting§

231.
(a)Minutes of the proceedings of a meeting of creditors under this Ordinance, signed at that meeting or at the next meeting thereafter by a person describing himself or appearing to be the chairman of the meeting at which the minutes were signed, shall be received in evidence without further proof.
(b)A meeting of creditors whose minutes of proceedings were signed as aforesaid shall be deemed to have been duly convened, and its proceedings to have been duly held and its resolutions duly passed, unless the contrary is proved.

Evidence in Bankruptcy Proceedings§

232.

In any legal proceeding the following shall be received as evidence —

(1)a bankruptcy petition or a copy thereof;
(2)an order or certificate made by the Court, or a copy thereof;
(3)a document or a copy thereof, an affidavit or a certificate, made or used in the course of bankruptcy proceedings or other proceedings conducted under this Ordinance,

provided that they appear to be sealed with the seal of the Court, or appear to be signed by a judge or a registrar of the Court, or have been certified as a true copy by a chief clerk of the Court.

233.§

(Repealed — תיקון מס' 1, 1983)

Evidence of deceased debtor or witness§

234.

Where the debtor or the debtor's spouse or a witness, whose evidence was received by a court in proceedings under this Ordinance, has died, the evidence of the deceased, or a copy thereof, purporting to be sealed with the seal of the court, shall be evidence of the matters stated therein.

Seal§

235.

The court shall have a seal describing it as the Minister shall direct; such a seal, and the signature of the judge or the chief registrar of the court, shall not require proof.

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Chapter X: Miscellaneous

Computation of time§

236.

Where a period of less than three days is fixed by this Ordinance for doing any act or thing, the following shall not be counted —

(1)Friday, Saturday and Sunday;
(2)any other day of rest under section 18a of the Law and Administration Ordinance, 5708-1948;
(3)any day of rest prescribed by legislation.

Service of notices§

237.

Any notice or document in respect of which no provision is made for service on a particular person may be sent by post to that person's last known address.

Formal defect not to invalidate§

238.
(a)No bankruptcy proceeding shall be invalidated by reason of any formal defect or irregularity therein, unless the court before which an objection to the proceeding was raised was of the opinion that it caused a substantial miscarriage of justice that cannot be remedied by an order of that court.
(b)No defect or irregularity in the appointment or election of an Official Receiver, trustee or member of a committee of inspection shall invalidate any act done by them in good faith.

Exemption from stamp duty§

239.

Every deed of title or transfer and every other document relating solely to real property, or to a charge (security interest), right or easement in movable property or real property that forms part of the property of a bankrupt and remains part of that property after the execution of the document, and every power of attorney, order, certificate of confirmation, affidavit, bond and every other document relating solely to the property of a bankrupt or to legal proceedings in bankruptcy — shall be exempt from stamp duty.

Binding the State§

240.

The provisions of this Ordinance with respect to remedies against the property of a debtor, the priority of debts, and the effect of a composition, arrangement or discharge, shall bind the State, provided that no other provision to that effect is contained in this Ordinance.

Updating of amounts and fees§

241.
(a)The amounts fixed in sections 7(1), 17(a)(1) and 19a(a) shall be updated on 1 January of each year according to the rate of increase of the consumer price index published by the Central Bureau of Statistics as compared with the month of January of the preceding year; notice of the amounts as updated shall be published in Reshumot (Official Gazette).
(b)The Minister may prescribe by Regulations the rates of fees and percentages to be imposed in respect of proceedings under this Ordinance.

Regulations§

242.

The Minister may make Regulations for the implementation of the provisions of this Ordinance.

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Schedule (section 86(7))

Movable property not subject to attachment

1.§

A personal computer and a printer; in this paragraph, "computer" — as defined in the Computers Law, 5755-1995, but excluding a computer system.

2.§

A television set or a radio set, at the debtor's choice.

3.§

A fixed-line telephone or a mobile telephone.

4.§

A washing machine.

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First Schedule

(Repealed)(Repealed)

Second Schedule

(Repealed)(Repealed)

Gafni

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