Frequently Asked Question

November 18 2009 | Filed Under ยป , , ,

In a corporate liquidation, why are unpaid taxes and wages paid before general creditors but after secured bondholders?

The Bankruptcy Code, section 507, states that when a corporation is liquidated, creditors are paid in a particular order: Unsecured creditors - These are generally suppliers, employees, banks, and
  • Stockholders
  • Secured bondholders and other secured creditors are paid first because their money is usually guaranteed or "secured" by collateral or a contract. After secured creditors are paid, unsecured creditors are paid.

    The first tier of unsecured creditors are those who are entitled to receive money from the company, but their claims are not secured or guaranteed. This group of creditors includes: bank lenders, employees, the government (taxes), suppliers and investors who have unsecured bonds.

    The last group of creditors is the general creditors, which is largely made up of stockholders or shareholders. This set of creditors is paid if there is any money left over after all the other creditors have been paid. The general creditors are divided into creditors who have preferred stocks and those who have common stock. The preferred shareholders are paid before those who have common shares. If there is no money after the preferred shareholders are paid, then the common shareholders do not receive any money.

    Essentially, unsecured creditors are paid after secured creditors and bondholders because the bondholders have a guarantee from the company. Unsecured creditors are paid before stockholders because stockholders are owners of the company and take greater risk.

    To read more about corporate bankruptcy please refer to An Overview of Corporate Bankruptcy.

    This question was answered by Chizoba Morah.

    Sponsored Links
    Bank Rates
    Product Today Last Wk
    $10K MMA 0.50% 0.51%
    MMA 0.45% 0.46%
    6 Month CD 0.46% 0.47%
    1 Year CD 0.70% 0.75%
    5 Year CD 1.46% 1.47%
    1 Year Jumbo CD 0.66% 0.67%
    Rate data provided by Bankrate
    Product Today Last Wk
    $30K HELOC 4.60% 4.59%
    $30K Home Equity Loan 5.74% 5.75%
    $50K Home Equity Loan 5.45% 5.46%
    $50K HELOC 4.24% 4.24%
    $100K Home Equity Loan 5.41% 5.41%
    $100K HELOC 4.13% 4.13%
    Rate data provided by Bankrate
    Product Today Last Wk
    30 Year Fixed 3.81% 3.75%
    15 Year Fixed 3.12% 3.03%
    1 Year ARM 3.54% 3.53%
    30 Year Fixed Jumbo 4.38% 4.38%
    5/1 ARM 2.67% 2.68%
    3/1 ARM 2.69% 2.64%
    Rate data provided by Bankrate
    Product Today Last Wk
    60 Month Used Car Loan 4.51% 4.51%
    48 Month Used Car Loan 4.35% 4.35%
    48 Month New Car Loan 3.24% 3.24%
    36 Month Used Car Loan 4.35% 4.36%
    36 Month New Car Loan 3.12% 3.13%
    60 Month New Car Loan 3.35% 3.34%
    Rate data provided by Bankrate
    Partner Links