How does the bankruptcy court decide which creditors will get paid?
In California, the bankruptcy court supervises and administers the bankruptcy process. When it comes to deciding which creditors should get paid, the court considers the law and certain factors, such as who is listed as a creditor and how much they are owed. The court typically looks at the assets and liabilities of a debtor. If a debtor has assets, those assets will be sold in order to raise the money to pay their creditors. The court will also assess which debts the debtor actually has and how much is owed to each creditor. In addition, the court considers whether a creditor is secured or unsecured. A secured creditor is one who has a valid lien on property owned by the debtor, whereas an unsecured creditor is one who does not have any such lien. Secured creditors generally receive priority in the order of payment over unsecured creditors. In California, the bankruptcy court must also determine the priority of claimants, which means it must decide which creditors should be paid first before any other debts. The court will consider various factors, such as the amount of money owed to the creditor, any payment agreements that were made before the bankruptcy was filed, and the age of the claim. The court must also review the complaints that creditors have made against the debtor before making any decisions. The court may decide to discharge the debt completely or to reorganize it, in which case it is up to the debtor to make monthly payments to the creditors over a specific period of time. Ultimately, the court will use all of this information to decide which creditors should receive payment and who should be discharged of the debt.
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