Types

• Several debts fall under the classification of an unsecured priority. These include child and spousal support, taxes and student loans. The trustee will not dismiss the administrative expenses of your bankruptcy. If you have employees, their wages within the 180 days prior to your filing are unsecured priority debts as are any commissions. Consult an attorney if you have any questions on whether you have unsecured priority debts.
  
  

Payment

• The trustee will not discharge unsecured priority debts if you file Chapter 7. If you have property that the trustee can sell, he will pay priority debts before any others. In a Chapter 13, the trustee will pay these debts before those belonging to non-priority lenders. To prevent future judgments, you must pay your priority debts.
  
  

Priority Claims

• Your creditors can file Form B10 asking the trustee to make your debt an unsecured priority claim. Typically, if the debt is not on the bankruptcy debt list of priority debts, the trustee will not honor the request. Unsecured debts up to $10,000 that you acquire within 180 days prior to filing bankruptcy or closing your business can be an exception to this rule. The trustee may require that the lender prove you borrowed the money with the intention of filing bankruptcy before approving the claim.
  
  

Considerations

• If the bankruptcy court classifies the majority of your debt as priority claims, Chapter 13 can be your best option when filing. A Chapter 13 will allow you to make payments on any back payments you owe while -- in the case of regular obligations -- continue to make your normal payments. If you file Chapter 7, the trustee will not discharge the debt and the owner of the debt can continue any legal actions to force payment.