§ 02 · Practice area
Insolvency & Economic Rehabilitation
The office advises and represents individuals in insolvency and economic rehabilitation proceedings, from assessing eligibility to the conclusion of the proceedings, and represents creditors in these proceedings.
Overview
The Insolvency and Economic Rehabilitation Law, 5778-2018, sets out a procedure in which an individual who cannot meet their debts works, under supervision, to settle the debts and to rebuild their financial position. During the proceedings the debtor’s financial situation is examined, payments are set according to their means together with reporting duties, and at the end, if the conditions are met, a discharge is granted from the debts included in the proceedings.
The proceedings are conducted before the Enforcement Registrar or before the Official Receiver and the court, mainly according to the extent of the debts and the debtor’s circumstances. Each track has its own rules and deadlines, and restrictions apply to the debtor during the proceedings.
Entering the proceedings is a decision with consequences. Representation therefore begins with an assessment of eligibility and a comparison with the alternatives, such as a payment arrangement or a consolidation of enforcement files, before any application is filed. The office also represents creditors in filing proofs of debt and in the proceedings in the file.
What the representation includes
Assessing eligibility
Reviewing the financial situation and the debts, and comparing the proceedings with alternatives such as a payment arrangement or a consolidation of files.
Choosing the track
Assessing the appropriate track, before the Enforcement Registrar or before the Official Receiver and the court, and explaining what it involves.
Preparing and filing the application
Gathering the documents, setting out the debts, income, expenses and assets, and filing the application with the required appendices.
Representation during the proceedings
Meeting the reporting duties, responding to requirements that arise during the proceedings, and representation at hearings.
Conclusion of the proceedings
Representation at the final stage of the proceedings, toward the grant of a discharge when the conditions are met.
Representing creditors
Filing proofs of debt, submitting positions and objections, and following the proceedings on the creditor’s behalf.
Common situations in this area
- Insolvency applicationAssessing eligibility and filing an application to open proceedings.
- Proceedings before the RegistrarInsolvency proceedings conducted before the Enforcement Registrar.
- DischargeThe end of the proceedings and a discharge, where the legal conditions are met.
- Creditors in insolvencyFiling a proof of claim and following the proceedings for the creditor.
Stages of the process
Step 1
Initial assessment
Reviewing the debts, income and expenses, and comparing the proceedings with the possible alternatives.
Step 2
Preparing the application
Gathering the documents and preparing the application and its appendices in the chosen track.
Step 3
Filing and opening of proceedings
Filing the application and following it until the decision to open the proceedings.
Step 4
The proceedings
Payments, reports and compliance with the conditions set, with the office’s representation throughout.
Step 5
Conclusion
The end of the proceedings and the grant of a discharge, when the conditions set by law are met.
Documents for the meeting
- Identity card
- A list of the debts and creditors, and any document related to them
- Enforcement file printouts, if available
- Pay slips or proof of income, and confirmation of benefits
- Recent bank statements
- Details of assets, such as a car, an apartment or savings
- A breakdown of the household’s monthly expenses
Missing documents can be provided later.
Download the list (PDF)
Frequently asked questions
Are insolvency proceedings suitable for every debtor?
Not necessarily. The proceedings are intended for those who cannot meet their debts, and they involve conditions and consequences. The situation and the possible alternatives are reviewed at the meeting.
What is the difference between insolvency proceedings before the Enforcement Registrar and proceedings in court?
The Insolvency and Economic Rehabilitation Law, 5778-2018, sets out two main tracks for individuals: proceedings conducted before the Enforcement Registrar, and proceedings conducted before the Official Receiver and the court. The track is determined mainly by the extent of the debts and the debtor’s circumstances, and each track has its own rules, deadlines and consequences.
What is a discharge?
A discharge releases the debtor from the debts included in the proceedings. It is granted at the end of the proceedings when the conditions set by law are met, including compliance with the payments and duties imposed on the debtor during the proceedings. Certain debts are excluded from a discharge by law.
What happens to enforcement files once insolvency proceedings are opened?
As a rule, once the order opening the proceedings is granted, collection proceedings against the debtor are stayed, including proceedings in enforcement files, and the debts are dealt with within the insolvency proceedings. There are exceptions to this rule, and the effect on each file is assessed according to its circumstances.
How does a creditor take part in a debtor’s insolvency proceedings?
A creditor files a proof of debt in the proceedings within the period set for it, together with the documents that support the debt, and the claim is examined within the proceedings. A creditor may also submit a position or an objection at various stages of the proceedings. The office represents creditors in filing proofs of debt and in the proceedings in the file.
Articles on the subject
Articles on this subject will be published in the Knowledge Center soon.
All articlesTo have the file reviewed, contact the office
The office can be contacted by phone, by WhatsApp or through the form. The financial situation, the debts and the possible alternatives are reviewed at the meeting.
After contacting the office
- The request goes directly to Adv. Moamen Qasim.
- The office calls back or replies on WhatsApp, and checks whether the file has an urgent deadline.
- Where needed, a meeting is scheduled, and the list of documents to bring is sent ahead of it.
The information on this site is general and does not constitute legal advice or a substitute for it. Contacting the office through this site does not create an attorney–client relationship.