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Courts have recognized several exceptions to the general rule that a Chapter 7 debtor cannot object to claims. First, the debtor has a pecuniary interest in the outcome of any claims objection and so standing to object if there might be a surplus to be returned to the debtor after satisfying all debts.
Among the top 30 unsecured creditors that Yellow owes are some of the industry's most recognized names. This includes railroads such as BNSF and Union Pacific, retail giants like Amazon and Home Depot, and leading equipment suppliers like Goodyear, Michelin, and DTNA (Daimler Trucks North America).
Debts have different degrees of priority. The debts that must be repaid in Chapter 13 are priority debts including child support, alimony, certain taxes, and wages owed to employees. Your plan must also address your secured debts. Secured debts are those that are secured by collateral, such as a mortgage or car loan.
Some of the most common types of unsecured creditors include credit card companies, utilities, landlords, hospitals and doctor's offices, and lenders that issue personal or student loans (though education loans carry a special exception that prevents them from being discharged).
Unsecured Creditors, like credit card issuers, suppliers, and some cash advance companies (although this is changing), do not hold a lien on its debtor's property to assure payment of the debt if there is a default. The secured creditor holds priority on debt collection from the property on which it holds a lien.
What is a List of Creditors? When you file a voluntary petition under any bankruptcy chapter, you the debtor (or your attorney, if you use one) must prepare a List of Creditors and submit it to the Court. The List of Creditors is essentially a mailing list of creditors to whom you owe money.
However, each of your creditors must file a proof of claim (described below) within a certain time to prove how much you owe. If a creditor fails to do so, then the bankruptcy trustee will not make any payments to that creditor. In some cases, lack of a proof of claim may benefit you.
Some assets may have multiple liens placed upon them; in these cases, the first lien has priority over the second lien. Unsecured creditors are divided between preferred and non-preferred, as certain unclaimed creditors like employees and tax agencies are given priority.