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Insights & News / Insolvency and Debt Arrangements
November 19, 2024
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, 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.
July 18, 2024
Representing U.S. Investment Fund in Vesttoo’s International Insolvency Proceedings
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.
July 4, 2024
Insolvency: Idan Miller Lectures to Israel Builders Association Course
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.
June 26, 2024
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.
August 28, 2023
Insolvency: Debt Settlements on the Rise
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.
August 7, 2023
Barnea: Advising Anise on Corporate Recovery Plan
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.
July 9, 2023
New Limitations on the Rehabilitation of an Insolvent Company
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.
May 24, 2023
Lecture: Positions and Interests in the Event of Insolvency
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).
April 10, 2023
Insolvency and Late Offers: Idan Miller Op-Ed in TheMarker
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?
February 2, 2023
Liabilities and Exposures to Claims by an Insolvency Trustee
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.
November 23, 2022
Barnea: Providing Representation in Powermat Shareholders' Dispute
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.
July 27, 2022
Barnea Representing Several Ability Group Cyber Companies
Advs. Zohar Lande and Liron Dahan submitted a motion to initiate insolvency proceedings and temporary operations on behalf of several cyber companies from Ability Group. Ability Group faces debts of approximately NIS 150 million.
August 25, 2020
New Ruling Expected to Reduce Managers' Responsibility Following a Company's Collapse
In an important ruling recently handed down, the Tel Aviv District Court rejected a NIS 120 million lawsuit filed by Habas Group against the company's managers. Judge Kabub's ruling constitutes an initial interpretation of a new section of the the Insolvency and Rehabilitation Law, which deals with the degree of responsibility that can be attributed to managers when the company they run becomes insolvent.
April 19, 2020
Habima Theater – the Show Must Go On?
Our Litigation Department is representing the board of directors and active management of Habima Theater in liquidation proceedings filed by the company's creditors and in legal proceedings directed by the company's temporary trustees.
March 29, 2020
Article: Bond Market Rescue – Debt and Interest Restructuring
The coronavirus crisis is affecting both stock prices and corporate bond prices and yields in the capital market. Zohar Lande, in an article for Bizportal, explains that the Israel Securities Authority must create a “fast-track mechanism” that allows companies to choose to be included in a debt restructuring arrangement subject to the different criteria.
March 19, 2020
Coronavirus: Is a Huge Wave of Debt Arrangement on the Way?
Micky Barnea was interviewed by Globes on the coronavirus’ effect on both the corporate and government bond markets.
February 5, 2017
Eliezer Fishman Is Not Alone: Every Year 19 Thousand Israelis Declared Bankrupt
Our Litigation Department was interviewed by Maariv's "The Weekend" following Eliezer Fishman's declaration of bankruptcy. We noted there are ways to prevent the loss of all family assets, even in the event of bankruptcy, and to avoid involving the family assets with business assets.