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
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