What are the various categories of priority bankruptcy claims?

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Question:

What are the various categories of priority bankruptcy claims?

Answer:

Bankrupty laws are complex. If someone you have done business with files for bankruptcy and owes you money, you have a right to file a creditor's claim.  Creditors have certain priorities in how their claims are paid over other creditors.  Secured claims such as first and second lien mortgages and car loans get their collateral returned or the cash value first before unsecured claims.  There are priority unsecured claims which are grouped into 10 categories.  Each category gets paid in the order of priority.  If there is not enough money left over to pay claims in full, then creditors get a pro rata share.  There may be unsecured creditors that ending up receiving no money.  The following is a list of the 10 unsecured priority claim categories with #1 being the highest priority category and #10 being the lowest priority category:  

  • Alimony and/or child support payments
  • Bankruptcy administrative expenses
  • Debts incurred after an involuntary petition when creditors such as suppliers or contractors file an involuntary bankruptcy petition
  • Employee wages up to $10,950
  • Unpaid contributions to employee benefit plans
  • Claims for grain from a grain producer or fish from a fisherman
  • Consumer layaway deposits—maximum of up to $2,425 each
  • Taxes
  • Commitments to Federal depository institutions in order to maintain the institution’s capital
  • Death or personal injury claims caused by debtor while under the influence of drugs or alcohol 

It is recommended that you seek advice from a bankruptcy attorney regarding bankruptcy priority claims and other bankruptcy questions or issues. The bankruptcy attorney is an expert at bankruptcy laws and can explain how the laws work and your legal rights.

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