Insights & News / Ariel Nadler

Advs. Idan Miller and Hadar Eilon represented 100 apartment owners in a Tama 38 project in Holon, where the development company entered insolvency proceedings. We guided the residents through a mediation process that resulted in an agreement safeguarding their rights and securities without requiring any additional payments from them. The agreement also paved the way for resuming construction on the project.

The mediation agreement, which included commitments from new apartment buyers (not our clients) to inject tens of millions of shekels into the project to fund its completion, was approved by the District Court.

Our firm represents the investment fund Mouro Capital, a shareholder with an appointed director, in the insolvency proceedings of the international Israeli fintech company Vesttoo.

This is a parallel insolvency process taking place in both the U.S. and Israel, with the company’s debts estimated at approximately $3 billion. We represent the fund as Vesttoo (and 48 affiliated entities) undergoes Chapter 11 proceedings in the U.S., while in Israel, enforcement proceedings for debt restructuring and recognition of the foreign insolvency proceedings are underway.

As part of this, declaratory relief actions have been filed in Israel to establish jurisdiction over issues related to the directors’ activities in the company.

Idan Miller, the head of our firm's insolvency practice, lectured to attendees of an Israel Builders Association financial management course. The focus of the lecture was how to handle and prepare for insolvency events.

Idan Miller, the head of our firm's insolvency practice, was appointed as the insolvency trustee for White Dress Marketing Ltd. (formerly Riki Dalal Group). Together with Hadar Eilon, Idan submitted an economic rehabilitation plan on behalf of the company and its shareholders for the Tel Aviv District Court's approval. In his request, Idan asked that the controlling shareholder's military reserve service be recognized as a contributing factor for the purpose of granting relief and avoiding a full insolvency procedure. When asked by the court for his response, the Commissioner for Insolvency Proceedings accepted this position.

Idan Miller, the coordinator of our firm’s insolvency and corporate recovery practice, was interviewed by Globes about the wave of companies in financial distress. Idan noted that “what we’re seeing in the newspapers is only the tip of the iceberg.”  According to Idan, a large number of unpublicized debt settlements are currently underway in contracting, high-tech, and security procurement companies.

Idan Miller and Liron Dahan are advising Anise on a corporate recovery plan, after the natural products chain fell into an approximately ILS 22.9 million debt. As part of this process, our firm submitted a request to the district court to appoint a trustee and approve a debt arrangement. Anise’s debts accumulated due to branch expansion and an increase in interest rates. The chain is now working to implement its all-encompassing corporate recovery plan, which includes closing unprofitable branches, closing a packaging plant in Kiryat Anavim, improving efficiency, and further reductions.

In a recent ruling in the Bachar Real Estate case, the court prioritized the rights of tenants over insolvent urban renewal companies and created a significant obstacle to the rehabilitation of such companies.Idan Miller the manager of our firm’s insolvency and corporate recovery practice, presents the challenges of the new ruling in an op-ed for Globes.

Adv. Idan Miller is lecturing to a small business finance risk assessment course. The course is for credit coordinators and business bankers at Israel Discount Bank. The course was organized by the BDO Academy of Finance and the Israeli Institute of Finance (IFI).

Does the ability to make a later offer in insolvency proceeding help creditors to receive more and allow the trustee to conduct a more thorough procedure?

A worrying number of contracting companies in the real estate and infrastructure market have recently gone insolvent. A contractor’s financial collapse affects not only his creditors, but also the project’s contractee. In an op-ed, Idan Miller explains if insolvency law prevents damage reduction for the contractee.   

We are providing representation in a shareholders' dispute at Powermat, one of the first startups to develop wireless charging technology. The company holds overs 145 patents, is considered a significant player in the market, and has signed large-scale deals with international companies.

Our firm represented Israel Natural Gas Lines (INGL) in the conclusion of a detailed agreement with Greek company Energean for the transfer of the near shore and onshore part of the pipeline that will deliver gas from the Karish and Tanin FPSO into the Israeli national gas transmission grid. As consideration, INGL will pay Energean 369 million NIS.

Adv. Ariel Nadler was interviewed by Guy Liberman, the editor of the Globes newspaper's real-estate section, about the Director-General of the Planning Administration's initiative to cancel building easements.

Adv. Ariel Nadler was interviewed by Calcalist following notice of the Planning Administration's intent to bring to the government's approval a proposal to cancel building easements.

Our firm represented INGL during the negotiation and conclusion of an MoU for the construction by Energean of an offshore dry gas pipeline from the Karish and Tanin fields to the Israeli shore. The pipeline is expected to be transferred to INGL in the beginning of 2021.

Adv. Ariel Nadler was interviewed by CalcalistTV on the decision by the Supervisor of Land Registration at the Ministry of Justice to forbid an apartment owner in a building in Tel Aviv from using his apartment for short-terms rentals (Airbnb, Booking).

Adv. Ariel Nadler, Head of the Real Estate Department, was interviewed on a financial radio program at the Public Broadcasting Corporation about the possibility of property owners and sub-tenants renting out apartments for the duration of the Eurovision Song Contest (starting at min' 44).

Our firm is representing Yad Hanna in a long-term lease agreement of 30 dunams in its industrial zone for the construction of Diplomat's new logistics center. The construction is valued at NIS 230 million.

Adv. Ariel Nadler, head of our firm's Real Estate Department, was interviewed by TheMarker's real estate magazine on the cancellation of the Multiple Housing Taxation Law by the Supreme Court. Ariel commented that regulators will now have to provide a solution to those people who already sold their apartments in order to enjoy the tax benefit that was guaranteed. He also noted that the cancellation will affect apartment owners considering to sell.

The Tel Aviv District Court accepted the request of over 50 members of the purchase group United Sarona, represented by Barnea's Head of Litigation, Adv. Zohar Lande, to prevent a vote at the meeting scheduled for today. In the motion that was presented, it was argued that in the process of convening the meeting there were material flaws, including a lack of information.

Barnea is conducting on February 14th a morning seminar on the new Multiple Housing Taxation Law. Adv. Maya Zisser, Partner at the Real-Estate Department will lecture on the new tax - to whom does it apply, the tax rate, payment methods, exemptions and credits. Adv. Harel Perlmutter from the Tax Department will lecture on tax saving opportunities in respect of rental income. 

Adv. Ariel Nadler, Partner and Head of the Real Estate Department at Barnea, was interviewed by Bizportal, following “Mechir Lemishtaken”'s cancellation of the winners because of funding problems. According to Ariel, when financing through a bank guarantee, the payment plan can be 20% of the payment for the flat at the beginning and 80% when the entry and permit is issued ("tofes 4"). The recommendation is to leave as much money for the last payment. 

Adv. Ariel Nadler, Partner and Head of the Real Estate Department at Barnea was interviewed by Ynet and commented that opening the market to foreign companies is a positive move. He also addressed the question of problems that may arise for the consumer who is required to deal with a foreign company. Ariel commented that he is convinced that the Ministries of Finance and Construction will ensure adequate securities to address the issue of deficiencies and quality construction.

Adv. Ariel Nadler, Partner and Head of the Real Estate Department at Barnea was interviewed by The Marker regarding the Ministries of Finance and Construction decision to grant foreign companies permits to perform construction work in Israel. Ariel commented that with Israeli on-site construction firms in a state of collapse, opening the market for foreign companies is a positive move.

A conversation with Ariel Nadler regarding purchasing groups and the pros and cons thereof.

As an expert in Real Estate, Adv. Ariel Nadler was interviewed by Bizportal magazine regarding the change in the Sale Law, approved this morning by the Israeli Government. Ariel commented- "the only thing that can hurt homebuyers is the reduction of the Sale Law guarantees given to buyers of apartments, by the amount of the VAT element. This means that in the event of the realization of the guarantee, where the purchaser has paid VAT funds, the return thereof to the buyer will not be guaranteed.’’

Ariel Nadler was interviewed by Globes regarding the Government Assessors Office report of a 1% rise in home prices in Israel's 16 largest cities from the second quarter and a 3% rise from a year ago.

Israel's Government Assessor published today the fact that home prices rose 1.4% in the third quarter of 2015.

Adv Ariel Nadler, head of our Real Estate Department, was interviewed by Bizportal, saying that he believes that only an all encompassing solution to the problem of high property prices in Israel can stop this upward trend.

The Real Estate department, headed by Ariel Nadler, represented Israel Natural Gas Lines in the petition filed against it by Kibbutz Regavim. The judge rejected the petition stating that she did not see a reason to interfere in the government’s decision. In her view, once the safety concerns had been cleared, the kibbutz should have withdrawn the petition, which it did not do, The kibbutz will have to bear petition costs of NIS 4,000,000. 

Before buying real estate close to the sea, Adv. Nadler advises that a buyer must bear in mind that the corrosion to buildings that are located near to the edge of the sea is substantial. "Maintenance issues are important factors to consider because of the dust and sea spray. You should also be aware that there are higher maintenance costs involved in owning an apartment near the sea arising from dust, dirt, corrosion and external maintenance to the property.
It's also very important to have proper and ongoing maintenance to the property and this incurs a substantial cost.  So if you calculate the apartment price whilst factoring in the higher maintenance costs  the  fee per square meter of the property would be a higher fee per square meter  calculated  in the purchase price and may be a lot greater than may be anticipated.

The plot, that can accommodate 43 units, was put out to tender after there was a dissolution of ownership in the plot between the owners. This emanated from the owners failing to reach the agreement between themselves as to whether to proceed with either developing the plot or selling it.

The tender and sale process was managed by Attorney Ariel Nadler, head of the real estate law department at Barnea To read more, please click here