There are two types of claims (and creditors) in a bankruptcy case: secured claims and unsecured claims. A secured claim is one that gives the creditor an interest in property as assurance of payment. For example, when people borrow money to buy a house to live in, a mortgage on the house secures the loan. If the buyers default on their loan payments, the lender gets the house, which it can sell to recover at least some of the money the buyers owe. If the buyers file for bankruptcy, however, the automatic stay prevents the lender from taking the house, and the house becomes exempt property unless the court grants a motion for relief from stay to permit the lender to foreclose on the house.
The holder of an unsecured claim canât look to any specific property of the debtor for payment, but the Bankruptcy Code gives some unsecured claims priority over others. Unsecured claims can be divided into two categories: priority and nonpriority. Unsecured creditors whose claims have priority must be paid in full before nonpriority unsecured creditors get anything. Employees of a business, for example, have earned wages, vacation time, and pensions all on a promise to pay, and they hold no security interest in anything. Their claims are among the nine types of priority claims, and these claims must be paid in order; each type is paid in full before the next type. Other priority claims include those for alimony, child support, and taxes.