The Chief Enforcement Officer and Insolvency in Israeli Law
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Pablo Lerner
Israeli enforcement law uses both direct and indirect enforcement — the former via attachment of assets, and the latter via imprisonment of the debtor. The use of indirect enforcement via imprisonment is problematic, as it violates the basic rights of the debtor. I will argue that in response to this problem, the law created a framework for the "debtor of limited means." I will demonstrate that not only does this create an improper definition of the task of the Chief Enforcement Officer, but that it is also an inefficient way of dealing with an insolvent debtor. I will propose that the system differentiate between debtors who cannot pay their debts and those who do not want to pay their debts. I believe that encouraging the insolvent debtor to file for of bankruptcy will avoid the problem of imprisonment and enable the Chief Enforcement Officer to return to his natural role as judge of enforcement. Additionally, I suggest creating a separate track of "consumer enforcement," which would avoid the whole system of installments, imprisonment, and debtors of limited means, at least regarding consumer credit.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Articles in the same Issue
- Article
- Facts on the Ground and Reconciliation of Divergent Consumer Insolvency Philosophies
- Theories of Overindebtedness: Interaction of Structure and Culture
- Conservative Economics and Optimal Consumer Bankruptcy Policy
- The Evolution of Bankruptcy Stigma
- Optimizing Consumer Credit Markets and Bankruptcy Policy
- Bankruptcy Policy in Light of Manipulation in Credit Advertising
- The Value of Home Ownership
- Credit Markets, Exemptions, and Households with Nothing to Exempt
- Velvet Bankruptcy
- Comprehensive Reform of Japanese Personal Insolvency Law
- The Chief Enforcement Officer and Insolvency in Israeli Law
- Personal Bankruptcy in Korea: Challenges and Responses
- Functionalism and Political Economy in the Comparative Study of Consumer Insolvency: An Unfinished Story from England and Wales
Articles in the same Issue
- Article
- Facts on the Ground and Reconciliation of Divergent Consumer Insolvency Philosophies
- Theories of Overindebtedness: Interaction of Structure and Culture
- Conservative Economics and Optimal Consumer Bankruptcy Policy
- The Evolution of Bankruptcy Stigma
- Optimizing Consumer Credit Markets and Bankruptcy Policy
- Bankruptcy Policy in Light of Manipulation in Credit Advertising
- The Value of Home Ownership
- Credit Markets, Exemptions, and Households with Nothing to Exempt
- Velvet Bankruptcy
- Comprehensive Reform of Japanese Personal Insolvency Law
- The Chief Enforcement Officer and Insolvency in Israeli Law
- Personal Bankruptcy in Korea: Challenges and Responses
- Functionalism and Political Economy in the Comparative Study of Consumer Insolvency: An Unfinished Story from England and Wales
