Cancellation of Enforcement Proceedings in Israel
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- Опубліковано 25 сер 2024
- CANCELLATION OF ENFORCEMENT PROCEEDINGS IN ISRAELIn some cases, there is a possibility for the winner or obligor of a case to cancel enforcement proceedings opened against them in the case in which they are involved. The Execution Law includes several sections and conditions that allow for the cancellation of enforcement proceedings taken against a debtor or creditor in certain cases and depending on the circumstances. In most cases and situations, a request for cancellation of enforcement proceedings will be submitted on the part of the debtor and the Registrar of Execution or the court are the competent bodies that may discuss the matter and decide whether to accede to the request at their discretion.HOW IS THE PROCEDURE FOR RESCINDING ENFORCEMENT PROCEEDINGS CONDUCTED?A debtor who wishes to apply for the cancellation of their enforcement proceedings, may do so by submitting an orderly and reasoned application to the Registry of Execution, who may under certain conditions and circumstances accept and accede to the application.Ways to cancel enforcement proceedings In principle, there are five ways in which an execution procedure can be undone:REPAYMENT OF THE DEBTThis is the best and most effective way to eliminate foreclosures and enforcement proceedings. Debt repayment means repayment of the debt in full directly to the Execution Bureau. In any case where you have the option to pay and repay the debt, you can go to the Execution Bureau where your case is managed and pay it off in a simple manner immediately.REACHING A DEBT SETTLEMENT WITH THE WINNERIf you do not have the ability and possibility to repay the debt in a case that is opened and is being conducted against you in execution, in some cases, you can cancel the procedure by reaching an agreement with the winners in a debt settlement procedure.FILING AN APPLICATION TO OPEN INSOLVENCY AND ECONOMIC REHABILITATION PROCEEDINGSIf you have reached a point where you have accumulated heavy debts and are unable to repay them, you may consider filing an execution order to initiate an insolvency proceeding. Insolvency is a procedure that is designed and suitable for debtors who meet certain threshold conditions that appear in the updated and new insolvency law and who wish to settle their debt and obtain a dismissal order on the way to writing off the balance of their debts at the end of the procedure.APPLICATION FOR A PAYMENT ORDERIn addition to initiating insolvency proceedings, an application can be made for the issuance and issuance of a payment order for the spread of debts, depending on the debtor's financial situation and ability.The debt can be spread over two periods of repayment only, according to section 7A of the law.Deployment of the debt for three years if the amount of the debt is less than NIS 100,000.Deployment of the debt for four years if the amount of the debt exceeds NIS 100,000.PROCEDURE FOR FILING AN APPLICATION FOR CANCELLATION OF THE EXECUTION PROCEDUREThere is an option to apply to the Israeli Registry of Execution to cancel the execution procedure on the grounds that the imposition of the lien severely and severely harms you as debtors, for example: significant damage and impairment of your ability to work and your livelihood. The application must be submitted by sending a Form 214 in which you must fill in your personal details, mark in section 3 - "Remedies", the option: "Other reason" and attach to the form and application relevant and appropriate reasons.RELEVANT REASONS FOR REQUESTING CANCELLATION OF ENFORCEMENT PROCEEDINGSHOW TO FILE A REQUEST FOR CANCELLATION OF ENFORCEMENT PROCEEDINGSThe request for cancellation of enforcement proceedings can be filed in four ways:Manual submission of the appropriate and designated form for the application and of all references required by the Bureau of Execution where the case is being handled.Online submission of the form and the required references by sending an email to the e-mail address of the issuing bureau where the debtor's file is managed.WHAT TYPES OF ENFORCEMENT PROCEEDINGS CAN BE DISMISSED?The head of execution is the professional body and has the authority to decide and declare the cancellation of all proceedings that take place against debtors in the Bureau of Execution or his stay, subject to the receipt of the request for cancellation of proceedings.Our firm is considered one of the leading firms in the field of civil law - commercial, real estate, inheritances and wills, enforcement proceedings and more. Our team of lawyers makes every effort to achieve the best legal outcome for its clients. We will make every effort to provide you with an answer and solution to any problem, answer any question and manage your execution file in the best and most efficient way.
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