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When debts accumulate, financial pressure becomes unbearable, and there is no realistic way to repay them on your own, you stand at a dramatic crossroads: declaring insolvency. This process, still known to most of the public by its old name, "bankruptcy", is actually a precious legal opportunity designed to enable both private individuals and companies to take responsibility for their financial situation, arrange their debts, and receive full or partial discharge in order to open a new page in life.
To successfully navigate this complex move, while protecting your assets and ensuring a stable financial future, you need close and professional accompaniment by an experienced insolvency lawyer or bankruptcy lawyer. The expertise of insolvency lawyers is to safely navigate you through the maze of legal bureaucracy, from filing the application to receiving the coveted discharge order.
The major legal reform that led to the enactment of the Insolvency and Economic Rehabilitation Law, 5778-2018, fundamentally changed the legal worldview regarding debtors. In the past, the "bankruptcy" process was perceived as a process designed primarily to protect creditors (lenders). Today, the approach is rehabilitative: the purpose of the process is not only to transfer the debtor's assets to creditors, but to enable you, as debtors, to "put the debts behind you" and return to the circle of economic activity productively. Therefore, early contact with insolvency lawyers is so crucial – only experts in this field will be able to build for you a personalized economic rehabilitation plan that leads quickly and efficiently to a discharge order.
The initial stages of the process are the most critical and determine its nature and duration. Most failures or delays in insolvency proceedings result from incorrect or incomplete submission of documents and data. An insolvency lawyer handles:
Professional preparation at this stage is the key to ensuring that your process will be conducted in a relatively short time (about 4 years) and will end with debt discharge.
Although it is theoretically possible to file the insolvency application on your own, experience teaches that legal accompaniment by insolvency lawyers dramatically shortens the duration of the process, minimizes risks and maximizes protection of family assets.
One of the biggest concerns of debtors is the danger of realizing residential property. The new insolvency law significantly improves protection of the debtor's residence. An experienced bankruptcy lawyer will know how to activate the legal tools available to you to ensure that during the process, and also after it, your right to continue living in your home will be preserved. Legal representation includes dealing with secured creditors (such as banks that gave mortgages), with the aim of reaching an arrangement that will allow you to continue paying the mortgage regularly, thereby preventing the sale of the house.
Your creditors are usually large and sophisticated entities – banks, credit companies, and suppliers. They are accompanied by law firms that specialize in this. When you are represented by professional insolvency lawyers, you stand before them as equals. The lawyer will manage contacts with the creditors and the special administrator appointed to the case, while taking care of your interests:
The final goal is to receive the discharge order. An insolvency lawyer will formulate for you the economic rehabilitation plan (which includes the payment plan and limitations), present it to the authorized parties in the most professional and convincing manner, and accompany you in the hearing at the court or with the commissioner, until the date of granting the discharge. The professional experience of bankruptcy lawyers ensures that all potential obstacles will be dealt with in advance, which significantly reduces the chances of objections and delays.
The insolvency process becomes especially complex when additional parties, businesses or investigations by the commissioner are involved.
One of the main claims raised against debtors is the claim of "lack of good faith", meaning that the debts were created fraudulently or with the intention not to repay them. Such a claim may lead to rejection of the discharge application or a significant extension of the process.
A skilled insolvency lawyer will know how to analyze your financial history, identify in advance where a claim of lack of good faith might arise, and prepare legal arguments and evidence that will refute it or mitigate its impact. Professional representation is essential in hearings with the commissioner, where your financial conduct over the years is examined.
When it comes to a business company, the process is fundamentally different and its primary purpose is business rehabilitation (recovery) or orderly liquidation. A bankruptcy lawyer who also specializes in corporate law is essential in such a case. He must know how to manage contacts with the economic court, submit applications for stay of proceedings, and conduct negotiations with creditors and potential investors. The expertise also includes protecting the company's office holders (directors, CEOs) from imposition of personal liability for the company's debts.
This is a key question that only insolvency lawyers can answer after in-depth examination. A creditors' arrangement outside the court walls (Voluntary Arrangement) may be faster, but it is only suitable for cases where the scope of creditors is small and the debtor can offer a good settlement proposal.
Full insolvency, on the other hand, provides broader protection through a general stay of proceedings order, and allows broader "erasure" of debts. Choosing the right strategy, at an early stage, is the most important economic decision you will make.
Due to the sensitivity and importance of the insolvency process, you should carefully choose the insolvency lawyer who will manage your case.
Make sure that the bankruptcy lawyer you chose does not deal with this field "on the way", but specifically specializes in insolvency law. Since the entry into force of the new law, there have been many substantial changes in procedure and emphases (such as the emphasis on rehabilitation). A law firm that holds updated knowledge and proven experience in dealing with the insolvency commissioner and district courts (according to the scope of the debt) is critical to your success.
Ask insolvency lawyers about their background in cases similar to yours: if you are a small business owner who got into debt, make sure that the lawyer has experience in treating debtors who were self-employed. If most of the debts are to banks and mortgages, make sure he is experienced in protecting residential apartments. Specific experience in the relevant field will shorten processes and prevent expensive mistakes.
Managing an insolvency process is a long and protracted process. You should understand in advance the fee model. A professional insolvency law firm will present you with a clear and transparent picture of the total cost of representation – whether it's a fixed fee throughout the entire process until discharge, or payment divided into stages. Transparency on this issue is a cornerstone of trust relationships.
In a sensitive field like insolvency, where you are experiencing a personal and economic crisis, reliable reviews from previous clients is worth its weight in gold. LawReviews makes the process data-based and transparent. The platform allows you to learn from the experience of clients who have already used the services of insolvency lawyers and filled out reviews about them.
Through LawReviews, you can examine which of the bankruptcy lawyers received the highest ratings for professionalism, empathy, and ability to achieve quick discharge. Thus, LawReviews allows you to choose the most suitable professional for your case, and join the crowd wisdom that chooses based on real and proven experience.
LawReviews also helps law firms build a strong professional reputation on the network. A well-managed profile with reliable reviews increases client trust, improves the firm's presence on the network and helps lawyers' pages rank high in search results for phrases like insolvency lawyers and insolvency lawyer, thereby increasing the number of quality clients.
The insolvency process is complex and stressful, but it is your opportunity to disconnect from a failed economic past and open a new page. It is a process whose purpose is rehabilitative, and the law is on your side. In order to maximize the chances of quick discharge, preserve your assets and ensure a realistic and fair rehabilitation plan, you should use the expertise of an insolvency lawyer with specific experience in the new law. This is the best investment you can make for your economic future.
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