Insolvency and Economic Rehabilitation Law, 5778-2018
חוק חדלות פירעון ושיקום כלכלי, תשע"ח-2018
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
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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.
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Section B: Formulation of a Payment Arrangement
Decision of the Registrar of Enforcement on Proceedings for the Formulation of a Payment Arrangement§
Holding of a Session for the Formulation of a Payment Arrangement§
Agreed Payment Arrangement§
Where the Registrar's representative has formulated, at a session convened under section 191, a payment arrangement to which the individual and all the creditors who are parties to the arrangement have agreed, the arrangement shall be binding on the individual and on those creditors, and the Registrar of Enforcement shall direct the stay of enforcement proceedings or the closure of the enforcement files, in respect of the individual's debts to which the arrangement applies, all in accordance with the provisions of the arrangement.
Transfer of a Payment Arrangement for Hearing before the Registrar of Enforcement in the Absence of Agreement§
Where the Registrar's representative has formulated, at a session convened under section 191, a payment arrangement but not all the creditors who are parties to the proposed arrangement have agreed to it, and in the view of the Registrar's representative there is a reasonable prospect of the arrangement being approved under the provisions of this Section, the Registrar's representative shall transfer the arrangement he has formulated to the Registrar of Enforcement, provided that all of the following are met:
Convening of a Creditors' Meeting and Hearing on a Proposed Payment Arrangement in the Absence of Agreement§
Approval of a Payment Arrangement at the Creditors' Meeting§
"enforcement debts" – debts in respect of which a proceeding has been opened under the Enforcement Law and also debts under a judgment in respect of which such a proceeding may be opened, even if one has not yet been opened;
"voting creditors" – excluding those who abstained in the vote.
Approval of a Payment Arrangement by the Registrar of Enforcement§
Effect of an Approved Payment Arrangement§
Preservation of the Individual's Right to Formulate a Debt Arrangement§
Nothing in the provisions of this Section shall derogate from the ability of the individual to submit a proposal for a debt arrangement under the provisions of Part 10: Debt Arrangement outside the Framework of an Order Opening Proceedings.
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Contact Us →Section C: Order Opening Proceedings
Issuance of an Order Opening Proceedings by the Registrar of Enforcement§
Where no agreed payment arrangement or arrangement approved by the creditors and the Registrar of Enforcement has been formulated, in accordance with the provisions of Section B: Formulation of a Payment Arrangement, the Registrar of Enforcement shall issue an Order opening proceedings in respect of the individual with low-amount debts.
Application for Revocation of an Order Opening Proceedings§
Application of the Provisions of the Law§
Upon the grant of an order opening proceedings in respect of an individual with low-amount debts pursuant to section 199, the provisions of this Law applicable to insolvency proceedings of an individual conducted pursuant to an order opening proceedings issued by the Official Receiver shall apply, mutatis mutandis and subject to the modifications set out in this Chapter, to the insolvency proceedings of the individual conducted before the Registrar of Enforcement and Collection.
Vesting of the Official Receiver's Powers in the Registrar of Enforcement and Collection§
The powers vested in the Official Receiver under this Law in respect of insolvency proceedings of an individual conducted pursuant to an order opening proceedings issued by the Official Receiver shall be vested in the Registrar of Enforcement and Collection in respect of insolvency proceedings of an individual with low-amount debts conducted before him, except for the following powers:
Power of the Registrar of Enforcement and Collection to Issue an Economic Rehabilitation Order§
Vesting of the Court's Powers in the Registrar of Enforcement and Collection§
The following powers vested in the court under this Law shall be vested in the Registrar of Enforcement and Collection in respect of insolvency proceedings of an individual with low-amount debts conducted before him:
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Contact Us →Section D: Miscellaneous Provisions
Power of the Registrar of Enforcement and Collection Not to Appoint a Trustee§
The Registrar of Enforcement and Collection may refrain from appointing a trustee if he finds that there is no justification for doing so in the circumstances of the matter, for reasons that shall be recorded; should the Registrar so decide, he shall fulfil all the functions of the trustee under this Law.
Right of a Creditor to Apply to the Registrar of Enforcement and Collection§
Notwithstanding the provisions of section 259, a creditor shall apply to the Registrar of Enforcement and Collection on any question concerning his rights in the insolvency proceedings in matters within the jurisdiction of the Registrar of Enforcement and Collection under this Chapter.
Transfer of the Management of Proceedings from the Registrar of Enforcement and Collection to the Court§
Transfer of the Management of Proceedings from the Registrar of Enforcement and Collection to the Official Receiver§
Where one of the following has occurred, the Registrar of Enforcement and Collection shall direct the transfer of the management of the insolvency proceedings in respect of an individual with low-amount debts to the Official Receiver:
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