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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30898
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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How do I determine the priority of my claim against the debtor

Resolved Question:

How do I determine the priority of my claim against the debtor if it is not for any of those mentioned in 11USC 507? My claim is for services under a debt management plan which were not completed, but money was taken by the debtor.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 5 years ago.

Priority refers to the order in which unsecured claims in a bankruptcy case are paid from the money available in the bankruptcy estate. Claims in the higher priority are paid in full before claims in a lower priority receive anything.


The order of payment, as set out in § 507 is:

  1. Claims for debts to spouse or children for court ordered support
  2. Administrative expenses of the bankruptcy
  3. Unsecured, post petition claims in an involuntary case
  4. Wage claims of employees and independent salespersons up to $10,000 per claim
  5. Contributions to employee benefit plans up to $10,000 per employee
  6. Claims of farmers and fishermen against debtors operating storage or processing facilities.
  7. Layaway claims of individuals who didn't get the item they made the deposit on
  8. Recent income, sales, employment or gross receipts taxes

It doesn't sound like your claim is a priority claim.

Customer: replied 5 years ago.
Do you think it is worthy trying to claim my $881?
Expert:  Roger replied 5 years ago.
It's worth filing a proof of claim with the bankruptcy court just in case. However, chances are you won't recover much - if anything.
Customer: replied 5 years ago.
Thank you for your help.
Expert:  Roger replied 5 years ago.
Sure. Good luck.
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