The Essence
If you are undergoing bankruptcy (insolvency) proceedings, a stay of exit from Israel is automatically imposed on you. However, if there is a compelling reason, you may submit a request for the temporary cancellation of this order. The decision is made based on your situation, the purpose of the trip, and the guarantees of return provided.
Who is Eligible?
Debtors who meet all of the following criteria are eligible to file an application for the temporary cancellation of a stay of exit order:
- You are in official insolvency (bankruptcy) proceedings that were initiated after September 15, 2019.
- The total amount of your confirmed debts exceeds ₪172,334.81.
- You have an urgent and important reason for traveling abroad (e.g., medical treatment, death of a close relative, an essential business trip).
- You can provide financial guarantees (a deposit or guarantors) that will ensure your return to Israel by the specified date.
Who is NOT eligible?
- Individuals whose debts are in the "Hotza'a LaPoal" (Execution Office) system and have not been transferred to insolvency proceedings.
- Debtors whose bankruptcy proceedings began before September 15, 2019.
- Those who wish to travel abroad for tourism or leisure.
Your Rights
Your primary right is the ability to file a reasoned petition for the cancellation of the stay of exit order. It is important to understand that this is not an automatic right to travel, but a right to have your case reviewed.
- Outcome: If approved, the stay of exit order is lifted for a strictly defined period for a specific trip.
- Conditions: Approval is almost always accompanied by a requirement to provide a deposit or one or more guarantors who undertake to pay a substantial penalty if you do not return on time.
Step-by-Step Guide
- Consult with your trustee (Ne'eman). This is your first and most crucial step. Discuss the reason for the trip and the chances of success with them. Filing a request without their prior consent is futile.
- Prepare evidence. Collect all documents confirming the necessity of your trip: medical reports, invitations, death certificates, letters from an employer, etc.
- Find guarantors (Arevim) or prepare a deposit. Guarantors must have a stable income and be willing to sign a letter of guarantee. Discuss the deposit amount or the requirements for guarantors with your Ne'eman.
- File the official application. The application is submitted online through the government system "HaMemune". All collected documents and guarantor details must be attached to the application.
- Await the decision. First, your Ne'eman will provide their recommendation, and then the final decision will be made by the responsible authority (הממונה על חדלות פירעון) or the court. This process can take from several days to several weeks.
List of Documents
To file the application, you will need the following basic set of documents. Your Ne'eman may require additional papers.
- Copy of your identity card (Teudat Zehut).
- A detailed written explanation of the reasons for the urgent departure.
- Documentary evidence of the necessity of the trip (e.g., a doctor's note, a relative's death certificate).
- Copies of your guarantors' identity cards (Teudat Zehut) and salary slips (tlushei maskoret).
- A completed and signed guarantee form (the form is provided by the Ne'eman).
- A printout of flight reservations with exact departure and return dates.
Pitfalls
- File the application in advance. The review of the request takes time. Do not purchase tickets before receiving official permission.
- "Vacation" is not a valid reason. Requests for departure for a tourist trip are almost always rejected. The reason must be genuinely compelling.
- No reliable guarantees means rejection. If you cannot provide a convincing deposit or financially stable guarantors, your petition will be denied.
- Do not conceal information from the Ne'eman. Any attempt at deception or concealment of facts will lead to immediate rejection and a loss of trust, which will complicate your entire bankruptcy procedure.
- Violating the return deadline is a catastrophe. If you do not return by the specified date, your deposit will be forfeited, and enforcement proceedings will be initiated against your guarantors. This may also result in criminal liability.
Contacts and Links
- Online submission system: The application is filed through the government system "HaMemune" (הממונה על חדלות פירעון). The exact website address can be found on the gov.il portal or obtained from your trustee (Ne'eman).
Dictionary
| Hebrew (with vowels) | Transcription | Translation |
|---|---|---|
| עִכּוּב יְצִיאָה מֵהָאָרֶץ | Ikuv yetzia me-ha'aretz | Stay of exit from the country |
| חַדְלוּת פִּרְעוֹן | Hadlut pira'on | Insolvency (bankruptcy) |
| נֶאֱמָן | Ne'eman | Trustee (appointed by the court) |
| בַּקָּשָׁה לְבִטּוּל עִכּוּב יְצִיאָה | Bakasha le-bitul ikuv yetzia | Petition to cancel a stay of exit order |
| עָרֵב / עֲרֵבִים | Arev / Arevim | Guarantor / Guarantors |
| עַרְבוּת | Arvut | Guarantee, deposit, security |
| הַמְּמוּנֶה עַל הַלִּיכֵי חַדְלוּת פִּרְעוֹן | Ha-Memune al halikhei hadlut pira'on | The Commissioner for Insolvency and Economic Rehabilitation Proceedings |