A company's insolvency is requested by three of its creditors whose credits originated from a syndicated financing agreement signed with other credit institutions. The three creditors seeking the insolvency request that they all be recognized a general privilege of 50% of their credits and that the entirety of their respective credits be considered in calculating this general privilege, excluding subordinated credits only.

The SC interprets the general privilege of the creditor requesting the insolvency and concludes that, for calculation of the 50%, not only subordinated credits should be excluded, but also those with a special or any other general privilege.

In the event of the joint request by several creditors, the privilege cannot be recognized equally to all claimant creditors with respect to the entirety of their credits, and the criterion for proportional internal distribution among them applies.