Debt Collection

Can a creditor object to an Israeli debtor's discharge from debts?

Yes. The Insolvency and Economic Rehabilitation Law 5778-2018 does not hand a debtor an automatic discharge. A registered creditor may object in writing to the proposed rehabilitation plan and to the discharge itself, and may ask the court to refuse it, delay it, or attach conditions. The usual grounds are bad faith, concealed or transferred assets, understated income, and failure to cooperate with the trustee. Objections pass through the Insolvency Commissioner before reaching the court, so the decisive work is evidence gathering rather than legal argument.

Israel replaced its bankruptcy statute in September 2019 with a rehabilitation-first system. An individual debtor moves through an investigation stage supervised by the Commissioner of Insolvency and Economic Rehabilitation, after which the court issues a rehabilitation order setting a payment plan, commonly running about three years, with the discharge following completion. Creditors are not spectators in that process. They file proofs of debt with the appointed trustee, receive the trustee's report on the debtor's assets and conduct, and may respond to it. The court keeps discretion to withhold or condition the discharge where the debtor's conduct before or during the proceedings does not justify relief, and some categories of debt survive a discharge regardless of conduct.

A foreign creditor's real problem is information rather than law. Notices are published in Hebrew, service goes to the address given in the proof of debt, deadlines are short, and a creditor who files late may lose both the dividend and the right to be heard on the discharge. Three steps make the difference. Register the debt promptly and give an address that someone actually monitors. Ask the trustee for the asset investigation report rather than waiting for it to arrive. Supply documentary evidence of the debtor's real position, such as foreign property records or transfers made shortly before filing, because the Commissioner will rarely trace assets outside Israel unaided. Our creditor's guide to Israeli insolvency sets out the full sequence.

⚖ In Practice
  • Governing law: Insolvency and Economic Rehabilitation Law 5778-2018, in force since 15 September 2019
  • Competent authority: Commissioner of Insolvency and Economic Rehabilitation (HaMemuneh al Chadlut Pera'on), Ministry of Justice; smaller individual files sit with the Execution and Collection Registrar, larger ones with the District Court
  • Common grounds for objection: concealed assets, transfers to relatives shortly before filing, understated income, and failure to attend examinations or produce documents
  • Debts that survive a discharge: maintenance and child support arrears, criminal fines and monetary penalties, and debts created by fraud
  • Proof of debt deadline: commonly within 6 months of publication of the opening order, subject to the schedule the trustee publishes; late filing risks both the dividend and standing to object
  • Payment plan: typically about 3 years before discharge, and the court may extend it or impose conditions where creditor objections succeed

From the full guide: Bankruptcy & Insolvency of Israeli Debtors: A Creditor's Guide


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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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