Caselaw

Liquidations (Tel Aviv) 46530-04-26 Gonen Kestenbaum v. Dekel Dan - part 2

August 23, 2026
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During 2025, the company approached the secured creditor for the surpluses in order to obtain a loan for another project of its at 12 Kossovsky St., Tel Aviv.

On August 5,2025, the secured creditors filed an application to enforce the lien and to appoint a receiver for the company's rights in the project and the real estate.

The request was granted in the affirmative in my decision of May 4,2026"D.  Gonen Kestenbaum was appointed as receiver for the company's rights in the project.

  1. As of this stage, 14 of the 20 new apartments built in the project have been sold.

Six apartments remain in stock for sale, including three four-room apartments and three five-room penthouse apartments.  According to the outline submitted by the receiver on May 20,2026, the percentage of engineering progress in the project as of that date was 61%.

In the hearing on July 20,2026, he noted"4 Chai 2"The creditors who are assured that the expected completion of the work in the project is September 2027 and"With Grace" November 2027 (see p12 of Transcript S.  16) - 17).

The Dekel family's request:

  1. The Dekel family, Applicants 1 and 2 (hereinafter: "Dekel") purchased two apartments from the company. One for residential purposes and the other for the purpose of investing in financing the purchase by renting it out, while in order to finance the purchase, Dekel took out a mortgage.
  2. They clarify that this means that they have been living in a rental since the date of purchase until today and are forced to pay for both a mortgage and rent, when in fact they do not enjoy the property at all. Neither the intended residential apartment nor the investment apartment.

According to them, they are facing a broken trough.  They can no longer afford to pay the mortgage and rent.  Therefore, immediately upon filing the application to enforce the lien, they expressed their position that they wish to cancel the purchase contracts and forfeit the guarantees The Sale Law .

Copied from Nevo8.        Dekel claims that the sale agreements for the two apartments were signed between them and the company in March 2022, according to which the delivery date will apply to a maximum of 36 months from the date of the start of work on the land, with this date supposed to take place in April 2022.

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