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Where a priority right exists over a claim for a certain period, from what point is that period counted in bankruptcy?

General information · Not legal advice

Material to check

In practice material of this kind, we read the certified copy of the bankruptcy declaration to fix the moment of declaration, the creditor's proof of claim showing when the underlying obligation fell due, and any schedule setting out the period over which it ran.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading takes the provision at its word: where a priority right exists over the amount of a claim falling within a certain period, that period is calculated by counting back from the moment of the bankruptcy declaration, so the declaration date is the fixed point and the earlier boundary follows from the length of the period.

Another reading stresses what the provision does not supply: it presupposes that the priority right and the certain period already exist, and it does not set the period's length, name the claims that qualify, or say whether the declaration date itself falls inside the period.

Your judgment

Once the declaration date is fixed in the file, what in the record shows how long the period is and which days it covers?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We look at this again if the provision is amended to change the point from which the period is counted, or if a court decision settles whether the declaration date itself falls within the period.

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