Copyright © 2022 Ed Magauran, Hawaii Bankruptcy Attorney.
All Rights Reserved.

Types of Unsecured Debt

In bankruptcy proceedings, debts are categorized based on their priority and secured status. Priority unsecured debt and general unsecured debt are two different classifications that determine the order in which creditors are paid back during the bankruptcy process. Here is a breakdown of the differences:

  1. Priority Unsecured Debt: Priority unsecured debt refers to debts that are considered more important or “prioritized” than other unsecured debts when it comes to repayment in a bankruptcy case. These debts have a higher legal ranking and must be paid before general unsecured debts. Priority unsecured debts are usually related to specific types of obligations established by bankruptcy laws. They are often associated with public policy concerns or are deemed essential for maintaining the bankruptcy estate or protecting certain classes of creditors.

Examples of priority unsecured debts include:

  • Certain tax obligations owed to government authorities.
  • Domestic support obligations, such as child support and alimony.
  • Certain administrative expenses incurred during the bankruptcy proceedings.
  • Wages, salaries, and employee benefits owed to employees.

Priority unsecured debts are usually paid off before general unsecured debts from the available funds in the bankruptcy estate.

  1. General Unsecured Debt: General unsecured debt refers to debts that do not have any specific collateral backing them and are not prioritized by bankruptcy laws for repayment. These debts are typically discharged (wiped out) at the conclusion of a bankruptcy case, meaning the debtor is relieved of the legal obligation to repay them. General unsecured debts are at the bottom of the repayment priority list in bankruptcy proceedings, coming after priority unsecured debts and secured debts.

Examples of general unsecured debts include:

  • Credit card debt
  • Medical bills
  • Personal loans
  • Certain business debts

In summary, the main difference between priority unsecured debt and general unsecured debt lies in their repayment priority and legal significance within the bankruptcy process. Priority unsecured debts have a higher priority and must be paid before general unsecured debts. However, both types of debts are unsecured, meaning they lack specific collateral that can be used to secure the debt.