Classify first
Timing and legal basis determine current or registered treatment.
Rank second
Compare priorities only inside the correct system.
Check funds
Priority does not guarantee payment from an insufficient estate.
Security is separate
Collateral proceeds follow special statutory allocation.
Do not mix the two priority systems
A monetary duty arising after the court accepted the bankruptcy petition may qualify as current under Article 5 of Federal Law No. 127‑FZ. It is not placed in the ordinary register and is paid before pre-petition claims. The invoice or judgment date is not always decisive: the contract, service period and legal source of the duty must be examined.
Current-claim priority
| Tier | Claims | Control point |
|---|---|---|
| First | Current maintenance, case costs, financial-manager remuneration and authorised assistants | Article 213.27(2) |
| Second | Severance and employee remuneration | Employment basis and accrual period |
| Third | Residential and utility charges, including capital-repair contributions | Post-petition billing period |
| Fourth | Other current claims | Current status and no higher category |
| Within one tier | Calendar sequence | When the duty arose |
Three registered ranks
First rank covers personal injury and maintenance claims. Second rank covers severance and employee remuneration. Third rank contains other creditors, including ordinary bank, tax and contractual claims unless a special rule applies. Registration permits participation in distribution but does not promise full recovery.
First rank
Personal injury and maintenance.
Second rank
Severance and employee claims.
Third rank
Other verified bankruptcy creditors.
A secured creditor is not simply “rank one”
A secured creditor receives priority from the proceeds of its collateral under Article 213.27(5). Since 2026, sole mortgaged housing follows Article 213.27‑1. The unpaid balance of an ordinary secured claim then joins the third registered rank. Security therefore cannot be shown accurately as a single line ahead of every current and registered claim.
Claim-treatment guide
Choose the nearest category. This is a document-checking prompt, not an automatic court determination.
Practical workflow
Fix the origin date
Compare the contract, performance period, act, due date and petition-acceptance date.
Identify the legal basis
Separate maintenance, injury, employment, utilities, tax, credit and other claims.
Check security
Identify collateral, value, sale costs and the applicable allocation provision.
Choose the procedural route
Current and registered creditors use different assertion mechanisms.
Reconcile the amount
Separate principal, interest, penalties, costs and any current component.
Model realistic recovery
Compare priority with estate value and payments already made.
Frequently asked questions
Is every bank claim third rank?
An ordinary unsecured pre-petition bank claim usually is. Security and current duties require separate analysis.
Does the first creditor to file get paid first?
Filing order does not by itself change registered rank. Calendar order matters for claims within the same current tier.
Are all utility arrears current?
No. Periods before and after petition acceptance may have different treatment.
What if one rank cannot be paid in full?
Statutory pro-rata and sequential distribution rules apply; actual recovery depends on estate funds.
Is registration the same as priority?
No. Validity and status are determined first, followed by register position and distribution.
Primary legal sources
- Insolvency Law Article 5: current claims
- Article 213.27: individual creditor priority
- Article 213.27‑1: sole mortgaged home
- Article 142: distributions
Related guides
Current claims · Registering a claim · Secured creditors
Need to classify a particular claim?
We can review its date, basis, security, calculation and procedural route without promising full recovery.
INITIAL CONSULTATIONGeneral information as at 30 August 2026. Treatment depends on the claim basis, origin date, security and the specific case record.
Maintenance Has Two First Priorities: Current and Registered
| Claim | Priority | Shares the category with |
|---|---|---|
| Current maintenance | First current | Procedure expenses in that category |
| Pre-petition arrears | First registry | Personal-injury claims |
| Ordinary credit | Third registry | Other bankruptcy creditors |
| Secured claim | Special distribution | Statutory costs and priorities |
| Unpaid maintenance | Survives | Post-case enforcement |
Date every accrual
One enforcement writ may contain two debt categories.
Separate priority and calendar order
Each category has its own distribution rules.
Reconcile the manager’s report
Review receipts, distributions and remaining balance.
High Priority Does Not Guarantee Full Recovery
Article 213.27 of Federal Law No. 127-FZ sets distribution order, while actual recovery depends on available estate funds and expenses. Current maintenance precedes ordinary current claims, and proven pre-petition arrears fall in the first registry priority. If funds are insufficient, Article 213.28(5) preserves unpaid maintenance after completion.