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Priority Unsecured Debts Examples of bankruptcy priority claims include most taxes, alimony, child support, restitution, and administrative claims. In a Chapter 7 asset case, priority claims receive payment in full before any payments to general unsecured creditors. Priority debts are nondischargeable.
Your tax return may show you're due a refund from the IRS. However, if you owe a federal tax debt from a prior tax year, or a debt to another federal agency, or certain debts under state law, the IRS may keep (offset) some or all your tax refund to pay your debt.
A creditor with an unsecured claim has a promise to pay from the borrower but doesn't have a lien. There are two types of unsecured claims: Priority unsecured claims. These debts aren't dischargeable in bankruptcy, and, if money is available, the claim will get paid before nonpriority unsecured claims.
?Is the claim subject to Offset?? Asks if you have to pay back the whole debt. For example, if you owe the creditor $1,000 but the creditor owes you $200, then the claim can be ?offset?.
What is an ?offset?? An offset is when the federal income tax refund you would have received is used to pay all or a portion of a debt owing to a federal or state agency. If the full amount owed is not collected in one year, future offsets may be done to satisfy your debt.
Offset is the general right of one party to recover a debt owed by another through a deduction from monies owed by the first party to the second.
A creditor schedule is a statement that details the balances of the creditor control account and compares them with the individual creditor balances. A debtor schedule compares the individual customer balances with the balances of the debtor control account.
Setoff is an equitable right of a creditor to deduct a debt it owes to the debtor from a claim it has against the debtor arising out of a separate transaction. Recoupment differs in that the opposing claims must arise from the same transaction.