Participation in the Bankruptcy Table and Order Table (EBL article 206)

The assets of the bankrupt debtor are collected in the bankruptcy estate. Creditors pay in a certain order. EBL Article 206.

Order Table

1. Privileged receivables: Workers' receivables, state taxes, social security premiums
2. Unprivileged receivables: Other creditors pro rata distribution

Privileged Classification

• 1. Class: Workers' wages (last 1 year), alimony
• 2. Class: State taxes, SSI
• 3. Class: Other public receivables
• 4. Class: Unprivileged general receivables

Participation in the Table

1. Application within 1 month from the declaration of bankruptcy
2. Amount of receivable + evidence
3. Bankruptcy administration review
4. Acceptance/rejection decision

Objection

• Objection to the order table: 15 days enforcement in court
• Objection to rejection of claim

Supreme Court 23. HD

23. HD adopts that the principle of "creditor equality" is valid in the bankruptcy estate, privileged receivables are limited by law, and privilege cannot be established by contract.

Distribution

The bankruptcy estate is sold and the amount obtained is distributed according to the order table. A certificate of insolvency is given for the outstanding receivable.

Bankruptcy lawyer is recommended.