Types of Creditor Claims

April 28, 2021
 Types of Creditor Claims

If you are considering or have filed for bankruptcy, there are a few terms you should become acquainted with. If someone owes you money and has declared bankruptcy, you may be worried if you will get your money back. 

In certain cases, you might find the debts being referred to as “creditor claims.” The two primary categories of creditor claims are secured and unsecured. Following that, you must distinguish between priority and non-priority creditor statements. Here's a quick rundown of the various classifications.

Secured Debts

In bankruptcy proceedings, a creditor with a secured debt has some advantages. A secured loan is one in which a borrower is obligated to make a payment in exchange for certain property or assets that can be taken away if the debt is not paid. Likewise, if you fall behind on your payments, your car can be repossessed. The creditor has a lien on the property or properties you own in a secured lawsuit.

Unsecured Debts

Unsecured debts will be reported on your bankruptcy filing's Schedule E/F form. Priority and non-priority creditor statements are only used to categorize unsecured debts; secured debts do not need this differentiation.

Unsecured debts are those on which the borrower does not have collateral to either keep when payments are made or repossess if they are not. Unsecured debt includes credit card and medical debt, which are two of the most popular types.

Priority Creditor Claims

Priority creditor claims (which are often unsecured debts) are those that are not liable for bankruptcy discharge. Alimony and child support claims in a settlement arrangement are not dischargeable by statute and should be prioritized when considering bankruptcy repayment options. Certain tax liabilities must also be classified as priority creditor statements.

Non-Priority Creditor Claims

This form of unsecured debt is liable for bankruptcy discharge. Health and credit card debt, as well as other non-priority unsecured claims, are examples of non-priority unsecured claims.

If you still got questions about creditor claims, contact the Best Attorney in New Haven, CT

All people are equal before the law. A good attorney.