And from the legal rule of the present case - in which there is no dispute that the defendant disclosed to the plaintiff all the data related to the loan in accordance with the provisions of section 3 of the Fair Credit Law. The only argument raised by the plaintiff regarding the duty of disclosure imposed on the defendant - and this too by implication - is related to the defendant's knowledge of Feldman's financial entanglement, a fact which, according to the plaintiff, was sufficient to teach the defendant in real time that Feldman would not be able to meet the repayment of the loan he had taken. However, this claim was not proven by the plaintiff, on the contrary - the evidence that was presented showed that it had no substance. As for this, from Feldman's testimony, as quoted above in section 98, when Feldman took the loans, he believed in his ability to repay the loans. Feldman further confirmed (in his testimony on page 127 of the transcript) that he had submitted an affidavit to the trustee in his bankruptcy file (attached as page 335 to the defendant's affidavits) in which he declared that his financial entanglement began in 2021 - when Feldman took the first loan from the defendant in 2017. Feldman also emphasized that during the period in which he took out the loan, he was not complicated, but:
"But here I'm explaining about what was the pressure of the project that went just before the construction, before, it was before I started the construction, there was no entanglement, if there was a complication I wouldn't have started building at all, I could have built a huge project with 29 new apartments, 28 existing ones, it wasn't that it was in trouble, there was hard pressure to really advance, it really pushed it forward, But then there was financial entanglement, but it's not, it's two other things." (ibid., lines 19-26)
In addition, Fedelman explicitly testified that Bank Hapoalim increased the credit facility for the project that Feldman built, at the relevant dates, by ILS 3 million (see his testimony at 130, lines 8-15).