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Against all odds: the boy who got into debt of a million shekels managed to get out of the pit

A stupid mistake by a teenager, who the day before a test took his father's vehicle, caused him to have a serious accident whose entry passes a passerby into a coma.

Following the incident, the boy got into huge debts that have only just been resolved

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• Insolvency

Adv. Mor Ben Ami, in collaboration with Zap Legal

Monday, 30 August 2021, 16:08 Updated: Sunday, 03 October 2021, 15:48

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Destroyed the life of the injured woman, as well as his life (Photo: ShutterStock)

A stupid mistake of a boy, who took his father's car keys and got behind the wheel, cost him dearly and ruined his life.

Only now, after more than 12 years in which he has fallen into huge debts, has he been able to recover.

His story can give hope to debtors.

An accident that put a woman on the floor

The mistake that a young man will regret all his life occurred more than a decade ago.

The day before he had a test, he took his father's car keys and got behind the wheel.

In a short time, he hit a woman who had just gotten out of a carriage and was standing next to him.

The boy did not notice the woman, did not manage to divert the vehicle, and hit her.

The result was very severe: the woman remained in a coma for several months following the incident, and was treated in a rehabilitation ward for two years.

The unnecessary accident caused dire consequences for the injured woman, but also ruined the boy's life.

Following the accident he got into huge debts.

Despite this, the boy did everything in his power to locate the injured woman and ask for her forgiveness.

Encountered huge debts as a result of the compensation required to pay (Photo: ShutterStock)

Debts of NIS 1 million

From that moment, the boy's long sentence began.

Because he was not insured, the claim for bodily injuries he caused was filed against the company "Karnit - the Fund for Compensation for Road Accident Victims", which filed an indemnity claim against the boy.

After eight years of conducting legal proceedings, in which his income was confiscated, his bank account was confiscated, all his savings were confiscated and even a restraining order was issued against him, a verdict was given at the end of the proceedings against the boy. H.

The verdict, and other debts he accumulated, caused him to find himself with debts of about a million shekels, which he had to settle. For insolvency proceedings.

He was fired from his job at the beginning of the corona

As part of dealing with the debtor, I filed for him an application for an order to open proceedings and after the order was granted, all restrictions and proceedings against him were automatically delayed so that he could conduct himself properly during the proceedings, without foreclosures and meet the monthly payments.

Another necessary requirement in the procedure is the utilization of earning capacity, so that the debtor will make all his efforts during the procedure to pay the maximum amount he can, in order to derive some benefit to the creditors.

But in addition to all the trouble, the debtor was fired from his job at the beginning of the proceedings due to the corona crisis, and as a result he began to receive unemployment benefits.

Despite this, and despite a severe epilepsy from which the debtor suffers, which makes it difficult for him to find jobs, the trustee demanded that he exhaust his earning capacity.

The trustee argued that if the debtor claims a medical disability that prevents him from working, he must exhaust his rights in the matter before the Social Security and file a disability claim.

Against this background, the trustee recommended that he be required to add NIS 100,000 to the convention fund, after which he would be fired.

"I have not been so happy for years"

At this point, I instructed the debtor to contact an occupational physician, who will determine how many hours he can work, start working in a job appropriate to his condition and file a general disability claim with Social Security.

Two months before the hearing, the debtor filed the disability claim and contacted a doctor, who determined that he could work two and a half days a week.

Prior to the hearing, the commissioner submitted his recommendation to the court, according to which the debtor will be required to add NIS 70,000 to the convention fund, in order to receive a dismissal.

On the day of the hearing, however, the commissioner dropped a bomb.

Even before we made our claims, he began to claim that the debtor was abusing the procedure.

"Immediately after the debtor received the verdict on the road accident, he applied for insolvency and did not try to settle the debt," he claimed.

He further claimed that the debtor did not act to exhaust his earning capacity and did not exhaust his rights before Social Security.

The debtor, who was surprised to hear the allegations against him, tried to tell the judge that he had been working in a new job for two months, but the judge was not interested in his words and took him out of court. I, who represented the debtor, realized that at this point I had to wait quietly until the end of the "closed hearing" between the judge and the commissioner.

When it was time for the gym, I started talking. In my opening remarks, I noted that all in all, the debtor tried to claim that he had been working for nearly two months and had already filed a claim with the National Insurance Institute. "How is a guy who has lived under foreclosures all his life supposed to reach a settlement on a debt of almost a million shekels," I wondered. "After all, his hands are tied and he had no other alternative to start a new life."

At this point, I turned to the judge and asked to bring the debtor into the courtroom. After the debtor entered the courtroom and told his story, no dry eye remained. Against this background and after a campaign of persuasion and war for every shekel I managed to reduce the final amount that the debtor will have to pay and shorten the payment period to allow him to recover, the case was closed with a payment of 48,NIS 000 on the part of the debtor.

Following the fantastic result the debtor cried happily for two hours and said that in all the last decade he has never been as happy as at this moment.

I smiled quietly and thought to myself - I did mine.

* Mor Ben Ami specializes in advising receivables in bankruptcy proceedings and insolvency and represented the debtor within the framework of the procedure outlined

Phone: 054-3983098, 077-8048766

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