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.
Key facts
- Ranking
- Konkursloven § 95 (the Danish Bankruptcy Act)
- Typically
- Wage claims
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.