Creditor Priority in Bankruptcy
Lesson:
When firms go bankrupt, many different parties will have claims to its assets.
Some claims are stronger than others, however.
Here's the order of priority from high to low:
- Secured creditors - Creditors whose debts are backed by specific collateral
- Priority unsecured claims - Unsecured debts that receive special legal priority over general unsecured claims (like wages, unpaid taxes, and bankruptcy administrative expenses)
- General unsecured creditors - Creditors with no collateral backing and no statutory priority (like trade suppliers, customers with deposits, and holders of unsecured bonds)
- Subordinated claim creditors - Creditors with debt obligations that are contractually agreed to rank below other senior debts for repayment
- Preferred shares stockholders
- Common shares stockholders
You're an accountant trying to understand how the assets in a bankruptcy case will be distributed.
Here's what you know:
- There are secured creditors
- There are priority unsecured claims
Which of these two groups has priority in receiving assets in bankruptcy?
Answer:
- Secured creditors have priority.
Explanation:
-
Remember the order of priority:
- Secured creditors - Creditors whose debts are backed by specific collateral
- Priority unsecured claims - Unsecured debts that receive special legal priority over general unsecured claims (like wages, unpaid taxes, and bankruptcy administrative expenses)
- General unsecured creditors - Creditors with no collateral backing and no statutory priority (like trade suppliers, customers with deposits, and holders of unsecured bonds)
- Subordinated claim creditors - Creditors with debt obligations that are contractually agreed to rank below other senior debts for repayment
- Preferred shares stockholders
- Common shares stockholders