Preferential claim (privilegeret krav)

Also known as preferential claim, priority claim, § 95 claim, fortrinsberettiget krav, § 95-krav

A preferential claim ranks ahead in the bankruptcy estate — it is covered before the ordinary unsecured claims, but after the estate's own costs.

In practice

Preferential claims are primarily wage claims and holiday pay — what the employees are owed. They are covered before the suppliers.

For a creditor, knowing the order of priority matters, because it determines whether there is any point in filing a claim at all: if the wage claims alone exceed the assets of the estate, the ordinary unsecured creditors get nothing, however well documented their claim is.

Where it commonly goes wrong

  • Assuming that a large estate means recovery. It depends on what sits ahead of you in the queue.

In doubt about a claim of your own?

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