Legal Updates

A bankrupt person cannot file class claims or other proceedings without prior approval of the officer appointed to such person

May 7, 2024

A bankrupt person filed a class-claim against the Afik & Co. law firm, as well as against many other businesses, alleging non-compliance with the website's accessibility requirement, when he did not make any prior approach and when it was a duplicate lawsuit and when certain businesses had already compromised with him and paid him money and he also sought legal fees although not represented by a lawyer.

The Court dismissed the class action outright. Filing a class action through a lawyer is mandatory to avoid a conflict of interest and here the bankrupt filed the claim himself. In addition, insolvency proceedings prevent not only the conduct of proceedings against the debtor, but also the opening of proceedings on his own initiative, especially when it comes to a class action, and all unless the approval of the officer appointed to the bankrupt is given, when there is no place to apply and obtain the approval of the official in retrospect.