How does the bankruptcy court decide which creditors will get paid?
In Texas, the bankruptcy court uses a process called “priority of creditors” to decide which creditors will get paid. This means that some creditors are given priority over others and will be paid out first. Priority creditors include those who provide essential services such as government entities, taxes, and secured creditors. These creditors must be paid before any other creditors. After priority creditors are paid, the remaining creditors are divided into classes and paid out in order of the priority of their class. The court may also consider other factors, such as the type of debt and the amount of debt held by each creditor. For example, if a debtor has a large amount of unsecured debt, the court may prioritize those creditors over those with smaller amounts of secured debt. If an individual has multiple creditors with similar priority, the court may also prioritize those creditors with the lowest balance due. In order to determine who will get paid most, the court considers the amount of debt and assets available to the debtor. If the debtor has more assets than debts, the court may prioritize certain creditors first, such as those with secured debt or with a larger balance due. Finally, after considering the priority of creditors, the amount of debt, and the assets available to the debtor, the court orders the debtor to make payments to the creditors. The payments are made in the order of priority, with priority creditors being paid first and lower-priority creditors being paid last.
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