Legal Definitions - hypothetical creditor

A hypothetical creditor is a term used in bankruptcy law to refer to a creditor who is not real but is created by the court to determine the priority of claims in a bankruptcy case. This creditor is hypothetical because it does not actually exist, but it is used to determine how much money each real creditor will receive.

For example, if a debtor owes money to several creditors and files for bankruptcy, the court will create a hypothetical creditor to determine which creditors get paid first. The court will look at the debtor's assets and debts and determine how much money each creditor is owed. The hypothetical creditor is used to determine the order in which the real creditors will be paid.

Another example of a hypothetical creditor is a code-created judicial-lien creditor or bona fide purchaser who establishes a bankruptcy trustee's status under the Bankruptcy Code's priority scheme, claiming property through the debtor at the time of the bankruptcy filing.

Overall, a hypothetical creditor is a tool used by the court to determine the priority of claims in a bankruptcy case. It is not a real creditor, but it helps to ensure that all creditors are treated fairly and receive the money they are owed.