Preferent schuldeiser

A preferential creditor enjoys priority over ordinary creditors under Dutch insolvency law in respect of distributions from the bankrupt estate. This priority is conferred by statute, including the Civil Code and the Bankruptcy Act, and applies, for example, to tax liabilities owed to the Tax Authority and to employees’ wage claims.

The classification is material because the estate is frequently insufficient to meet all claims in full. Preferential creditors are therefore paid earlier and in a higher proportion than other creditors, materially enhancing their position in the bankruptcy.

In practice, the trustee ranks claims strictly in accordance with the statutory order of priority and determines whether a creditor qualifies as preferential before authorising any distribution.