Caselaw

Basha (Jerusalem) 7150/07 S.A.D.R. Building Works Company Ltd. v. Victor Yona - part 23

July 31, 2008
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"I cannot accept this argument.  Section 15 of the Ordinance [Bankruptcy Ordinance [New Version], 5740-1980] states that if an appeal against the judgment on which the bankruptcy notice is based is pending, the court may reject the bankruptcy application or delay the hearing thereof.  This provision leads to the conclusion that the court may grant a request for a receivership order, and in any case even a request for a bankruptcy notice, even when an appeal against the judgment on which the application is based is pending (see: S.  Levin, A.  Grunis Bankruptcy (2nd edition, 2001), at pp.  68-69, and the references cited therein.  In particular, see: H.M.  (Tel Aviv) 1840/94 Yitzhaki v.  Union Bank of Israel Ltd., IsrSC 5755(1) 477).  Therefore, the difficulty that the applicant pointed out is no longer something to rely on.  Once it has been found that in principle it is possible to advance a bankruptcy proceeding even when an appeal against the financial judgment is pending, there is no reason why it should not apply at all to the appointment of a receiver over all the assets of a debtor outside the bankruptcy law.  Indeed, the rule is that the filing of an appeal does not delay the execution of the decision that is being appealed (Regulation 466 of the Civil Procedure Regulations, 5744-1984).  The force of this rule is good both with regard to the main method of execution - which is the execution system - and with regard to the residual method of execution, which is the execution of honesty.  In other words, there is no impediment in principle to the court appointing a receiver for the purpose of executing a judgment that is pending an appeal, however, the fact that the judgment is subject to appeal constitutes an important consideration among other considerations that the court must take into account in its decision regarding the appointment of such a receiver (regarding these considerations, see the Shem Tov case , at pp.  623-624)."

  1. The respondent also relies on the Good name, and tried to learn from her that there is no reason to appoint a receiver after a judgment has been rendered (paragraph 10 of its summaries).

However, I do not believe that this is the halakha that can be deduced from Parashat Good name.

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