How does the bankruptcy court decide which creditors will get paid?
In Washington, bankruptcy court decisions are made based on the laws of the US Bankruptcy Code. This includes the priority of creditors and the type of debt. Secured creditors are the first to be paid as they have a security interest in a piece of property. This means that the property must be returned to the creditor if the debtor fails to pay. Unsecured creditors do not have this security interest, so they come next in line to get paid. Priority creditors like taxes, child support, and alimony are also given priority and must be paid first. The bankruptcy court then looks at the type of debt and classifies it as either priority or non-priority. Priority debts, such as taxes owed to the government or alimony, must be paid first. Non-priority debts, such as medical bills or credit card debt, may only be partially paid or not paid at all. After assessing the type of debt and the priority of the creditor, the bankruptcy court also looks at the amount of debt and the value of the assets of the debtor. The court then decides how much of the debt is to be paid, and this amount is usually less than the total amount owed. In conclusion, the bankruptcy court decides which creditors to pay based on the priority of the creditor, the type of debt, the amount of debt, and the value of the debtor’s assets. Priority creditors, such as taxes and child support, are the first to be paid while non-priority creditors may only receive partial payment. After an assessment of all these factors, the court then decides which creditors are to be paid and an amount for each creditor.
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