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Insights & News / Hadar  Eilon

Representing 100 Apartment Owners in a TAMA 38 Insolvency Case

Advs. Idan Miller and Hadar Eilon represented 100 apartment owners in a Tama 38 project in Holon, in which the development company entered insolvency proceedings. They guided the residents through a mediation process that resulted in an agreement safeguarding the residents' rights and securities without requiring any additional payment. The agreement also paved the way for resuming construction on the project. The mediation agreement, which included commitments from new apartment buyers (not the firm's clients) to inject ILS tens of millions into the project to fund its completion, was approved by the district court.

Categories: Insolvency and Debt Arrangements

New Precedent: Commissioner for Insolvency Proceedings Accepts Military Reserve Duty as Justification for Relief

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.

Personal Liability for Debt to the Registrar of Companies

A district court in Israel has ruled to impose personal liability on a company’s CEO and director for the company’s accumulated debt to the Registrar of Companies in respect of annual fees, after the company ceased operating, because the CEO and director refrained from opening court proceedings to liquidate the company.