C1 PART IXBANKRUPTCY
CHAPTER IVADMINISTRATION BY TRUSTEE
Distribution of bankrupt's estate
Priority of debtsC2C4C3300
1
In the distribution of the bankrupt's estate, his preferential debts F1... shall be paid in priority to other debts.
F21A
Ordinary preferential debts rank equally among themselves after the expenses of the bankruptcy and shall be paid in full, unless the bankrupt’s estate is insufficient to meet them, in which case they abate in equal proportions between themselves.
1B
Secondary preferential debts rank equally among themselves after the ordinary preferential debts and shall be paid in full, unless the bankrupt’s estate is insufficient to meet them, in which case they abate in equal proportions between themselves.
F32
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3
Debts which are neither preferential debts nor debts to which Article 302 applies also rank equally between themselves and, after the preferential debts, shall be paid in full unless the bankrupt's estate is insufficient for meeting them, in which case they abate in equal proportions between themselves.
F53A
If the bankrupt is a relevant financial institution, paragraph (3) does not apply but—
a
the bankrupt’s ordinary non-preferential debts are to be paid in priority to the bankrupt’s secondary non-preferential debts,
b
the bankrupt’s ordinary non-preferential debts rank equally among themselves after the secondary preferential debts and are to be paid in full, unless the bankrupt’s estate is insufficient to meet them, in which case they abate in equal proportions,
c
the bankrupt’s secondary non-preferential debts are to be paid in priority to the bankrupt’s tertiary non-preferential debts, and
d
the bankrupt’s secondary non-preferential debts rank equally among themselves after the ordinary non-preferential debts and are to be paid in full, unless the bankrupt’s estate is insufficient to meet them, in which case they abate in equal proportions.
See Article 347A for definitions relevant to this paragraph.
4
Any surplus remaining after the payment of the debts F6—
a
where paragraph (3) applies, that are preferential or rank equally under that paragraph, or
b
where paragraph (3A) applies, that are preferential or are referred to in that paragraph,
shall be applied in paying interest on those debts in respect of the F7periods during which they have been outstanding since the commencement of the bankruptcy; and interest on preferential debts ranks equally with interest on debts other than preferential debts.
5
The rate of interest payable under paragraph (4) in respect of any debt is whichever is the greater of the following—
a
the rate applicable to a money judgment of the High Court at the commencement of the bankruptcy, and
b
the rate applicable to that debt apart from the bankruptcy.
6
This Article and Article 302 are without prejudice to any provision of this Order or any other statutory provision under which the payment of any debt or the making of any other payment is, in the event of bankruptcy, to have a particular priority or to be postponed.
F47
In this Article “preferential debts”, “ordinary preferential debts” and “secondary preferential debts” each has the meaning given in Article 346.
Pts. VIII-X (arts. 209-345) modified by Foyle Fisheries Act (Northern Ireland) 1952 (c. 5), s. 52K(2) (as inserted (prosp.) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 3(1) (with art. 32))