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Preferential creditor



A preferential creditor (in some jurisdictions called a preferred creditor) is a creditor who receives a preferential right to payment upon the debtor's bankruptcy under applicable insolvency laws.


 


In most legal systems, some creditors are given priority over ordinary creditors, either for the whole amount of their claims or up to a certain value. In some legal systems, preferential creditors take priority over all other creditors, including creditors holding security, but more commonly the preferential creditors are only given priority over unsecured creditors. Some legal systems operate a hybrid approach; in the United Kingdom preferential creditors have priority over secured creditors whose security is in the nature of a floating charge, but creditors with fixed security take ahead of the preferential creditors generally.


Classes of preferred creditors

Creditors who are characteristically preferred creditors are:


 


employees


revenue authorities


in some countries, environmental clean-up costs


in some countries, tort victims


Admiralty claims

In Admiralty law, many legal systems accord certain claims preferential status where a ship is subject to arrest. These claims vary from country to country, but commonly include:


 


salvage claims


seaman's wages


moorage fees

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