"The Writ of Execution Law, 5727-1967, enumerates a series of measures that a creditor can take for the purpose of executing a judgment. Among other things, the head of the Execution Office is authorized to appoint a receiver for a certain asset of the debtor (section 53(a) ofthe Execution Law). The main way to execute a judgment is to take proceedings through the execution system, however, there are exceptional cases in which the means set forth inthe Writ of Execution Law are not sufficient to bring about the execution of the judgment. In those exceptional and rare cases, the court will consider appointing a receiver over the debtor's assets by virtue of Regulation 388(a)(1) of the Regulations. The role of a receiver who is appointed by the court after a judgment is rendered is to act to carry out the judgment and thus serve as an alternative to the regular execution proceedings. This alternative is known as dishonest execution (see: The Roth Case), as well as Civil Appeal 4111/97 Shem Tov v. Morteza (hereinafter - the Shem Tov Case). See also: The Rotem Case. It should be noted that unlike the head of the Execution Office, who is authorized to appoint a receiver only for a specific asset of the debtor, the court may appoint a receiver for all of the debtor's assets."
- The Applicant in the Fisher He argued (similar to the respondent's argument before me) that there is no reason to appoint a receiver for all of his assets, before the judgment in the appeal is rendered, since until the conclusion of the proceedings in the Court of Appeal, the judgment is not final. The applicant tried to argue that just as bankruptcy proceedings cannot be instituted against a debtor until after the judgment has become final, so should the application for the appointment of a receiver after a judgment.
Justice Grunis does not accept this argument, neither with respect to bankruptcy, nor with regard to the appointment of a receiver, on the basis of the following reasons ( Fisher, Name, at p. 484, opposite the letter F - p. 485 opposite the letter C):