Legal Question in Bankruptcy in California

Mutual Benefit Corporation - How to get Priority Interest if Bankrupt?

Is there a way for a company that is a member of a mutual benefit corporation to secure a priority interest or security interest if the mutual benefit coroporation that it is a part of goes bankrupt? Basically, is there a way to become a priority above the other member companies? Thank you.


Asked on 3/16/09, 2:35 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Mutual Benefit Corporation - How to get Priority Interest if Bankrupt?

I am afraid you need to be a bit more specific about the facts of the situation to provide a proper answer. As a general rule, unless the nature of the obligation owed to your company falls within a category of non-dischargeable debts, or it can be securitized (however, be aware that a voluntary grant of a security interest prior to filing can be subject to being set aside), or the nature of the obligation is such that it could be characterized as a priority claim, there may not be much you can do to gain priority over other creditors or other member companies. That, however, should be tempered in light of the fact that there aren't sufficient facts in your post to really provide you with any direction as to whether you may or may not be able to obtain some priority.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/16/09, 4:10 pm


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