11 U.S.C. § 101 : US Code - Section 101: Definitions

      In this title the following definitions shall apply:
        (1) The term "accountant" means accountant authorized under
      applicable law to practice public accounting, and includes
      professional accounting association, corporation, or partnership,
      if so authorized.
        (2) The term "affiliate" means - 
          (A) entity that directly or indirectly owns, controls, or
        holds with power to vote, 20 percent or more of the outstanding
        voting securities of the debtor, other than an entity that
        holds such securities - 
            (i) in a fiduciary or agency capacity without sole
          discretionary power to vote such securities; or
            (ii) solely to secure a debt, if such entity has not in
          fact exercised such power to vote;

          (B) corporation 20 percent or more of whose outstanding
        voting securities are directly or indirectly owned, controlled,
        or held with power to vote, by the debtor, or by an entity that
        directly or indirectly owns, controls, or holds with power to
        vote, 20 percent or more of the outstanding voting securities
        of the debtor, other than an entity that holds such securities -
         
            (i) in a fiduciary or agency capacity without sole
          discretionary power to vote such securities; or
            (ii) solely to secure a debt, if such entity has not in
          fact exercised such power to vote;

          (C) person whose business is operated under a lease or
        operating agreement by a debtor, or person substantially all of
        whose property is operated under an operating agreement with
        the debtor; or
          (D) entity that operates the business or substantially all of
        the property of the debtor under a lease or operating
        agreement.

        (3) The term "assisted person" means any person whose debts
      consist primarily of consumer debts and the value of whose
      nonexempt property is less than $150,000.
        (4) The term "attorney" means attorney, professional law
      association, corporation, or partnership, authorized under
      applicable law to practice law.
        (4A) The term "bankruptcy assistance" means any goods or
      services sold or otherwise provided to an assisted person with
      the express or implied purpose of providing information, advice,
      counsel, document preparation, or filing, or attendance at a
      creditors' meeting or appearing in a case or proceeding on behalf
      of another or providing legal representation with respect to a
      case or proceeding under this title.
        (5) The term "claim" means - 
          (A) right to payment, whether or not such right is reduced to
        judgment, liquidated, unliquidated, fixed, contingent, matured,
        unmatured, disputed, undisputed, legal, equitable, secured, or
        unsecured; or
          (B) right to an equitable remedy for breach of performance if
        such breach gives rise to a right to payment, whether or not
        such right to an equitable remedy is reduced to judgment,
        fixed, contingent, matured, unmatured, disputed, undisputed,
        secured, or unsecured.

        (6) The term "commodity broker" means futures commission
      merchant, foreign futures commission merchant, clearing
      organization, leverage transaction merchant, or commodity options
      dealer, as defined in section 761 of this title, with respect to
      which there is a customer, as defined in section 761 of this
      title.
        (7) The term "community claim" means claim that arose before
      the commencement of the case concerning the debtor for which
      property of the kind specified in section 541(a)(2) of this title
      is liable, whether or not there is any such property at the time
      of the commencement of the case.
        (7A) The term "commercial fishing operation" means - 
          (A) the catching or harvesting of fish, shrimp, lobsters,
        urchins, seaweed, shellfish, or other aquatic species or
        products of such species; or
          (B) for purposes of section 109 and chapter 12, aquaculture
        activities consisting of raising for market any species or
        product described in subparagraph (A).

        (7B) The term "commercial fishing vessel" means a vessel used
      by a family fisherman to carry out a commercial fishing
      operation.
        (8) The term "consumer debt" means debt incurred by an
      individual primarily for a personal, family, or household
      purpose.
        (9) The term "corporation" - 
          (A) includes - 
            (i) association having a power or privilege that a private
          corporation, but not an individual or a partnership,
          possesses;
            (ii) partnership association organized under a law that
          makes only the capital subscribed responsible for the debts
          of such association;
            (iii) joint-stock company;
            (iv) unincorporated company or association; or
            (v) business trust; but

          (B) does not include limited partnership.

        (10) The term "creditor" means - 
          (A) entity that has a claim against the debtor that arose at
        the time of or before the order for relief concerning the
        debtor;
          (B) entity that has a claim against the estate of a kind
        specified in section 348(d), 502(f), 502(g), 502(h) or 502(i)
        of this title; or
          (C) entity that has a community claim.

        (10A) The term "current monthly income" - 
          (A) means the average monthly income from all sources that
        the debtor receives (or in a joint case the debtor and the
        debtor's spouse receive) without regard to whether such income
        is taxable income, derived during the 6-month period ending on -
         
            (i) the last day of the calendar month immediately
          preceding the date of the commencement of the case if the
          debtor files the schedule of current income required by
          section 521(a)(1)(B)(ii); or
            (ii) the date on which current income is determined by the
          court for purposes of this title if the debtor does not file
          the schedule of current income required by section
          521(a)(1)(B)(ii); and

          (B) includes any amount paid by any entity other than the
        debtor (or in a joint case the debtor and the debtor's spouse),
        on a regular basis for the household expenses of the debtor or
        the debtor's dependents (and in a joint case the debtor's
        spouse if not otherwise a dependent), but excludes benefits
        received under the Social Security Act, payments to victims of
        war crimes or crimes against humanity on account of their
        status as victims of such crimes, and payments to victims of
        international terrorism (as defined in section 2331 of title
        18) or domestic terrorism (as defined in section 2331 of title
        18) on account of their status as victims of such terrorism.

        (11) The term "custodian" means - 
          (A) receiver or trustee of any of the property of the debtor,
        appointed in a case or proceeding not under this title;
          (B) assignee under a general assignment for the benefit of
        the debtor's creditors; or
          (C) trustee, receiver, or agent under applicable law, or
        under a contract, that is appointed or authorized to take
        charge of property of the debtor for the purpose of enforcing a
        lien against such property, or for the purpose of general
        administration of such property for the benefit of the debtor's
        creditors.

        (12) The term "debt" means liability on a claim.
        (12A) The term "debt relief agency" means any person who
      provides any bankruptcy assistance to an assisted person in
      return for the payment of money or other valuable consideration,
      or who is a bankruptcy petition preparer under section 110, but
      does not include - 
          (A) any person who is an officer, director, employee, or
        agent of a person who provides such assistance or of the
        bankruptcy petition preparer;
          (B) a nonprofit organization that is exempt from taxation
        under section 501(c)(3) of the Internal Revenue Code of 1986;
          (C) a creditor of such assisted person, to the extent that
        the creditor is assisting such assisted person to restructure
        any debt owed by such assisted person to the creditor;
          (D) a depository institution (as defined in section 3 of the
        Federal Deposit Insurance Act) or any Federal credit union or
        State credit union (as those terms are defined in section 101
        of the Federal Credit Union Act), or any affiliate or
        subsidiary of such depository institution or credit union; or
          (E) an author, publisher, distributor, or seller of works
        subject to copyright protection under title 17, when acting in
        such capacity.

        (13) The term "debtor" means person or municipality concerning
      which a case under this title has been commenced.
        (13A) The term "debtor's principal residence" - 
          (A) means a residential structure if used as the principal
        residence by the debtor, including incidental property, without
        regard to whether that structure is attached to real property;
        and
          (B) includes an individual condominium or cooperative unit, a
        mobile or manufactured home, or trailer if used as the
        principal residence by the debtor.

        (14) The term "disinterested person" means a person that - 
          (A) is not a creditor, an equity security holder, or an
        insider;
          (B) is not and was not, within 2 years before the date of the
        filing of the petition, a director, officer, or employee of the
        debtor; and
          (C) does not have an interest materially adverse to the
        interest of the estate or of any class of creditors or equity
        security holders, by reason of any direct or indirect
        relationship to, connection with, or interest in, the debtor,
        or for any other reason.

        (14A) The term "domestic support obligation" means a debt that
      accrues before, on, or after the date of the order for relief in
      a case under this title, including interest that accrues on that
      debt as provided under applicable nonbankruptcy law
      notwithstanding any other provision of this title, that is - 
          (A) owed to or recoverable by - 
            (i) a spouse, former spouse, or child of the debtor or such
          child's parent, legal guardian, or responsible relative; or
            (ii) a governmental unit;

          (B) in the nature of alimony, maintenance, or support
        (including assistance provided by a governmental unit) of such
        spouse, former spouse, or child of the debtor or such child's
        parent, without regard to whether such debt is expressly so
        designated;
          (C) established or subject to establishment before, on, or
        after the date of the order for relief in a case under this
        title, by reason of applicable provisions of - 
            (i) a separation agreement, divorce decree, or property
          settlement agreement;
            (ii) an order of a court of record; or
            (iii) a determination made in accordance with applicable
          nonbankruptcy law by a governmental unit; and

          (D) not assigned to a nongovernmental entity, unless that
        obligation is assigned voluntarily by the spouse, former
        spouse, child of the debtor, or such child's parent, legal
        guardian, or responsible relative for the purpose of collecting
        the debt.

        (15) The term "entity" includes person, estate, trust,
      governmental unit, and United States trustee.
        (16) The term "equity security" means - 
          (A) share in a corporation, whether or not transferable or
        denominated "stock", or similar security;
          (B) interest of a limited partner in a limited partnership;
        or
          (C) warrant or right, other than a right to convert, to
        purchase, sell, or subscribe to a share, security, or interest
        of a kind specified in subparagraph (A) or (B) of this
        paragraph.

        (17) The term "equity security holder" means holder of an
      equity security of the debtor.
        (18) The term "family farmer" means - 
          (A) individual or individual and spouse engaged in a farming
        operation whose aggregate debts do not exceed $3,237,000 and
        not less than 50 percent of whose aggregate noncontingent,
        liquidated debts (excluding a debt for the principal residence
        of such individual or such individual and spouse unless such
        debt arises out of a farming operation), on the date the case
        is filed, arise out of a farming operation owned or operated by
        such individual or such individual and spouse, and such
        individual or such individual and spouse receive from such
        farming operation more than 50 percent of such individual's or
        such individual and spouse's gross income for - 
            (i) the taxable year preceding; or
            (ii) each of the 2d and 3d taxable years preceding;

        the taxable year in which the case concerning such individual
        or such individual and spouse was filed; or
          (B) corporation or partnership in which more than 50 percent
        of the outstanding stock or equity is held by one family, or by
        one family and the relatives of the members of such family, and
        such family or such relatives conduct the farming operation,
        and
            (i) more than 80 percent of the value of its assets
          consists of assets related to the farming operation;
            (ii) its aggregate debts do not exceed $3,237,000 and not
          less than 50 percent of its aggregate noncontingent,
          liquidated debts (excluding a debt for one dwelling which is
          owned by such corporation or partnership and which a
          shareholder or partner maintains as a principal residence,
          unless such debt arises out of a farming operation), on the
          date the case is filed, arise out of the farming operation
          owned or operated by such corporation or such partnership;
          and
            (iii) if such corporation issues stock, such stock is not
          publicly traded.

        (19) The term "family farmer with regular annual income" means
      family farmer whose annual income is sufficiently stable and
      regular to enable such family farmer to make payments under a
      plan under chapter 12 of this title.
        (19A) The term "family fisherman" means - 
          (A) an individual or individual and spouse engaged in a
        commercial fishing operation - 
            (i) whose aggregate debts do not exceed $1,500,000 and not
          less than 80 percent of whose aggregate noncontingent,
          liquidated debts (excluding a debt for the principal
          residence of such individual or such individual and spouse,
          unless such debt arises out of a commercial fishing
          operation), on the date the case is filed, arise out of a
          commercial fishing operation owned or operated by such
          individual or such individual and spouse; and
            (ii) who receive from such commercial fishing operation
          more than 50 percent of such individual's or such
          individual's and spouse's gross income for the taxable year
          preceding the taxable year in which the case concerning such
          individual or such individual and spouse was filed; or

          (B) a corporation or partnership - 
            (i) in which more than 50 percent of the outstanding stock
          or equity is held by - 
              (I) 1 family that conducts the commercial fishing
            operation; or
              (II) 1 family and the relatives of the members of such
            family, and such family or such relatives conduct the
            commercial fishing operation; and

            (ii)(I) more than 80 percent of the value of its assets
          consists of assets related to the commercial fishing
          operation;
            (II) its aggregate debts do not exceed $1,500,000 and not
          less than 80 percent of its aggregate noncontingent,
          liquidated debts (excluding a debt for 1 dwelling which is
          owned by such corporation or partnership and which a
          shareholder or partner maintains as a principal residence,
          unless such debt arises out of a commercial fishing
          operation), on the date the case is filed, arise out of a
          commercial fishing operation owned or operated by such
          corporation or such partnership; and
            (III) if such corporation issues stock, such stock is not
          publicly traded.

        (19B) The term "family fisherman with regular annual income"
      means a family fisherman whose annual income is sufficiently
      stable and regular to enable such family fisherman to make
      payments under a plan under chapter 12 of this title.
        (20) The term "farmer" means (except when such term appears in
      the term "family farmer") person that received more than 80
      percent of such person's gross income during the taxable year of
      such person immediately preceding the taxable year of such person
      during which the case under this title concerning such person was
      commenced from a farming operation owned or operated by such
      person.
        (21) The term "farming operation" includes farming, tillage of
      the soil, dairy farming, ranching, production or raising of
      crops, poultry, or livestock, and production of poultry or
      livestock products in an unmanufactured state.
        (21A) The term "farmout agreement" means a written agreement in
      which - 
          (A) the owner of a right to drill, produce, or operate liquid
        or gaseous hydrocarbons on property agrees or has agreed to
        transfer or assign all or a part of such right to another
        entity; and
          (B) such other entity (either directly or through its agents
        or its assigns), as consideration, agrees to perform drilling,
        reworking, recompleting, testing, or similar or related
        operations, to develop or produce liquid or gaseous
        hydrocarbons on the property.

        (21B) The term "Federal depository institutions regulatory
      agency" means - 
          (A) with respect to an insured depository institution (as
        defined in section 3(c)(2) of the Federal Deposit Insurance
        Act) for which no conservator or receiver has been appointed,
        the appropriate Federal banking agency (as defined in section
        3(q) of such Act);
          (B) with respect to an insured credit union (including an
        insured credit union for which the National Credit Union
        Administration has been appointed conservator or liquidating
        agent), the National Credit Union Administration;
          (C) with respect to any insured depository institution for
        which the Resolution Trust Corporation has been appointed
        conservator or receiver, the Resolution Trust Corporation; and
          (D) with respect to any insured depository institution for
        which the Federal Deposit Insurance Corporation has been
        appointed conservator or receiver, the Federal Deposit
        Insurance Corporation.

        (22) The term "financial institution" means - 
          (A) a Federal reserve bank, or an entity that is a commercial
        or savings bank, industrial savings bank, savings and loan
        association, trust company, federally-insured credit union, or
        receiver, liquidating agent, or conservator for such entity
        and, when any such Federal reserve bank, receiver, liquidating
        agent, conservator or entity is acting as agent or custodian
        for a customer (whether or not a "customer", as defined in
        section 741) in connection with a securities contract (as
        defined in section 741) such customer; or
          (B) in connection with a securities contract (as defined in
        section 741) an investment company registered under the
        Investment Company Act of 1940.

        (22A) The term "financial participant" means - 
          (A) an entity that, at the time it enters into a securities
        contract, commodity contract, swap agreement, repurchase
        agreement, or forward contract, or at the time of the date of
        the filing of the petition, has one or more agreements or
        transactions described in paragraph (1), (2), (3), (4), (5), or
        (6) of section 561(a) with the debtor or any other entity
        (other than an affiliate) of a total gross dollar value of not
        less than $1,000,000,000 in notional or actual principal amount
        outstanding (aggregated across counterparties) at such time or
        on any day during the 15-month period preceding the date of the
        filing of the petition, or has gross mark-to-market positions
        of not less than $100,000,000 (aggregated across
        counterparties) in one or more such agreements or transactions
        with the debtor or any other entity (other than an affiliate)
        at such time or on any day during the 15-month period preceding
        the date of the filing of the petition; or
          (B) a clearing organization (as defined in section 402 of the
        Federal Deposit Insurance Corporation Improvement Act of 1991).

        (23) The term "foreign proceeding" means a collective judicial
      or administrative proceeding in a foreign country, including an
      interim proceeding, under a law relating to insolvency or
      adjustment of debt in which proceeding the assets and affairs of
      the debtor are subject to control or supervision by a foreign
      court, for the purpose of reorganization or liquidation.
        (24) The term "foreign representative" means a person or body,
      including a person or body appointed on an interim basis,
      authorized in a foreign proceeding to administer the
      reorganization or the liquidation of the debtor's assets or
      affairs or to act as a representative of such foreign proceeding.
        (25) The term "forward contract" means - 
          (A) a contract (other than a commodity contract, as defined
        in section 761) for the purchase, sale, or transfer of a
        commodity, as defined in section 761(8) of this title, or any
        similar good, article, service, right, or interest which is
        presently or in the future becomes the subject of dealing in
        the forward contract trade, or product or byproduct thereof,
        with a maturity date more than two days after the date the
        contract is entered into, including, but not limited to, a
        repurchase or reverse repurchase transaction (whether or not
        such repurchase or reverse repurchase transaction is a
        "repurchase agreement", as defined in this section) (!1)
        consignment, lease, swap, hedge transaction, deposit, loan,
        option, allocated transaction, unallocated transaction, or any
        other similar agreement;

          (B) any combination of agreements or transactions referred to
        in subparagraphs (A) and (C);
          (C) any option to enter into an agreement or transaction
        referred to in subparagraph (A) or (B);
          (D) a master agreement that provides for an agreement or
        transaction referred to in subparagraph (A), (B), or (C),
        together with all supplements to any such master agreement,
        without regard to whether such master agreement provides for an
        agreement or transaction that is not a forward contract under
        this paragraph, except that such master agreement shall be
        considered to be a forward contract under this paragraph only
        with respect to each agreement or transaction under such master
        agreement that is referred to in subparagraph (A), (B), or (C);
        or
          (E) any security agreement or arrangement, or other credit
        enhancement related to any agreement or transaction referred to
        in subparagraph (A), (B), (C), or (D), including any guarantee
        or reimbursement obligation by or to a forward contract
        merchant or financial participant in connection with any
        agreement or transaction referred to in any such subparagraph,
        but not to exceed the damages in connection with any such
        agreement or transaction, measured in accordance with section
        562.

        (26) The term "forward contract merchant" means a Federal
      reserve bank, or an entity the business of which consists in
      whole or in part of entering into forward contracts as or with
      merchants in a commodity (as defined in section 761) or any
      similar good, article, service, right, or interest which is
      presently or in the future becomes the subject of dealing in the
      forward contract trade.
        (27) The term "governmental unit" means United States; State;
      Commonwealth; District; Territory; municipality; foreign state;
      department, agency, or instrumentality of the United States (but
      not a United States trustee while serving as a trustee in a case
      under this title), a State, a Commonwealth, a District, a
      Territory, a municipality, or a foreign state; or other foreign
      or domestic government.
        (27A) The term "health care business" - 
          (A) means any public or private entity (without regard to
        whether that entity is organized for profit or not for profit)
        that is primarily engaged in offering to the general public
        facilities and services for - 
            (i) the diagnosis or treatment of injury, deformity, or
          disease; and
            (ii) surgical, drug treatment, psychiatric, or obstetric
          care; and

          (B) includes - 
            (i) any - 
              (I) general or specialized hospital;
              (II) ancillary ambulatory, emergency, or surgical
            treatment facility;
              (III) hospice;
              (IV) home health agency; and
              (V) other health care institution that is similar to an
            entity referred to in subclause (I), (II), (III), or (IV);
            and

            (ii) any long-term care facility, including any - 
              (I) skilled nursing facility;
              (II) intermediate care facility;
              (III) assisted living facility;
              (IV) home for the aged;
              (V) domiciliary care facility; and
              (VI) health care institution that is related to a
            facility referred to in subclause (I), (II), (III), (IV),
            or (V), if that institution is primarily engaged in
            offering room, board, laundry, or personal assistance with
            activities of daily living and incidentals to activities of
            daily living.

        (27B) The term "incidental property" means, with respect to a
      debtor's principal residence - 
          (A) property commonly conveyed with a principal residence in
        the area where the real property is located;
          (B) all easements, rights, appurtenances, fixtures, rents,
        royalties, mineral rights, oil or gas rights or profits, water
        rights, escrow funds, or insurance proceeds; and
          (C) all replacements or additions.

        (28) The term "indenture" means mortgage, deed of trust, or
      indenture, under which there is outstanding a security, other
      than a voting-trust certificate, constituting a claim against the
      debtor, a claim secured by a lien on any of the debtor's
      property, or an equity security of the debtor.
        (29) The term "indenture trustee" means trustee under an
      indenture.
        (30) The term "individual with regular income" means individual
      whose income is sufficiently stable and regular to enable such
      individual to make payments under a plan under chapter 13 of this
      title, other than a stockbroker or a commodity broker.
        (31) The term "insider" includes - 
          (A) if the debtor is an individual - 
            (i) relative of the debtor or of a general partner of the
          debtor;
            (ii) partnership in which the debtor is a general partner;
            (iii) general partner of the debtor; or
            (iv) corporation of which the debtor is a director,
          officer, or person in control;

          (B) if the debtor is a corporation - 
            (i) director of the debtor;
            (ii) officer of the debtor;
            (iii) person in control of the debtor;
            (iv) partnership in which the debtor is a general partner;
            (v) general partner of the debtor; or
            (vi) relative of a general partner, director, officer, or
          person in control of the debtor;

          (C) if the debtor is a partnership - 
            (i) general partner in the debtor;
            (ii) relative of a general partner in, general partner of,
          or person in control of the debtor;
            (iii) partnership in which the debtor is a general partner;
            (iv) general partner of the debtor; or
            (v) person in control of the debtor;

          (D) if the debtor is a municipality, elected official of the
        debtor or relative of an elected official of the debtor;
          (E) affiliate, or insider of an affiliate as if such
        affiliate were the debtor; and
          (F) managing agent of the debtor.

        (32) The term "insolvent" means - 
          (A) with reference to an entity other than a partnership and
        a municipality, financial condition such that the sum of such
        entity's debts is greater than all of such entity's property,
        at a fair valuation, exclusive of - 
            (i) property transferred, concealed, or removed with intent
          to hinder, delay, or defraud such entity's creditors; and
            (ii) property that may be exempted from property of the
          estate under section 522 of this title;

          (B) with reference to a partnership, financial condition such
        that the sum of such partnership's debts is greater than the
        aggregate of, at a fair valuation - 
            (i) all of such partnership's property, exclusive of
          property of the kind specified in subparagraph (A)(i) of this
          paragraph; and
            (ii) the sum of the excess of the value of each general
          partner's nonpartnership property, exclusive of property of
          the kind specified in subparagraph (A) of this paragraph,
          over such partner's nonpartnership debts; and

          (C) with reference to a municipality, financial condition
        such that the municipality is - 
            (i) generally not paying its debts as they become due
          unless such debts are the subject of a bona fide dispute; or
            (ii) unable to pay its debts as they become due.

        (33) The term "institution-affiliated party" - 
          (A) with respect to an insured depository institution (as
        defined in section 3(c)(2) of the Federal Deposit Insurance
        Act), has the meaning given it in section 3(u) of the Federal
        Deposit Insurance Act; and
          (B) with respect to an insured credit union, has the meaning
        given it in section 206(r) of the Federal Credit Union Act.

        (34) The term "insured credit union" has the meaning given it
      in section 101(7) of the Federal Credit Union Act.
        (35) The term "insured depository institution" - 
          (A) has the meaning given it in section 3(c)(2) of the
        Federal Deposit Insurance Act; and
          (B) includes an insured credit union (except in the case of
        paragraphs (21B) and (33)(A) of this subsection).

        (35A) The term "intellectual property" means - 
          (A) trade secret;
          (B) invention, process, design, or plant protected under
        title 35;
          (C) patent application;
          (D) plant variety;
          (E) work of authorship protected under title 17; or
          (F) mask work protected under chapter 9 of title 17;

      to the extent protected by applicable nonbankruptcy law.
        (36) The term "judicial lien" means lien obtained by judgment,
      levy, sequestration, or other legal or equitable process or
      proceeding.
        (37) The term "lien" means charge against or interest in
      property to secure payment of a debt or performance of an
      obligation.
        (38) The term "margin payment" means, for purposes of the
      forward contract provisions of this title, payment or deposit of
      cash, a security or other property, that is commonly known in the
      forward contract trade as original margin, initial margin,
      maintenance margin, or variation margin, including mark-to-market
      payments, or variation payments.
        (38A) The term "master netting agreement" - 
          (A) means an agreement providing for the exercise of rights,
        including rights of netting, setoff, liquidation, termination,
        acceleration, or close out, under or in connection with one or
        more contracts that are described in any one or more of
        paragraphs (1) through (5) of section 561(a), or any security
        agreement or arrangement or other credit enhancement related to
        one or more of the foregoing, including any guarantee or
        reimbursement obligation related to 1 or more of the foregoing;
        and
          (B) if the agreement contains provisions relating to
        agreements or transactions that are not contracts described in
        paragraphs (1) through (5) of section 561(a), shall be deemed
        to be a master netting agreement only with respect to those
        agreements or transactions that are described in any one or
        more of paragraphs (1) through (5) of section 561(a).

        (38B) The term "master netting agreement participant" means an
      entity that, at any time before the date of the filing of the
      petition, is a party to an outstanding master netting agreement
      with the debtor.
        (39) The term "mask work" has the meaning given it in section
      901(a)(2) of title 17.
        (39A) The term "median family income" means for any year - 
          (A) the median family income both calculated and reported by
        the Bureau of the Census in the then most recent year; and
          (B) if not so calculated and reported in the then current
        year, adjusted annually after such most recent year until the
        next year in which median family income is both calculated and
        reported by the Bureau of the Census, to reflect the percentage
        change in the Consumer Price Index for All Urban Consumers
        during the period of years occurring after such most recent
        year and before such current year.

        (40) The term "municipality" means political subdivision or
      public agency or instrumentality of a State.
        (40A) The term "patient" means any individual who obtains or
      receives services from a health care business.
        (40B) The term "patient records" means any record relating to a
      patient, including a written document or a record recorded in a
      magnetic, optical, or other form of electronic medium.
        (41) The term "person" includes individual, partnership, and
      corporation, but does not include governmental unit, except that
      a governmental unit that - 
          (A) acquires an asset from a person - 
            (i) as a result of the operation of a loan guarantee
          agreement; or
            (ii) as receiver or liquidating agent of a person;

          (B) is a guarantor of a pension benefit payable by or on
        behalf of the debtor or an affiliate of the debtor; or
          (C) is the legal or beneficial owner of an asset of - 
            (i) an employee pension benefit plan that is a governmental
          plan, as defined in section 414(d) of the Internal Revenue
          Code of 1986; or
            (ii) an eligible deferred compensation plan, as defined in
          section 457(b) of the Internal Revenue Code of 1986;

      shall be considered, for purposes of section 1102 of this title,
      to be a person with respect to such asset or such benefit.
        (41A) The term "personally identifiable information" means - 
          (A) if provided by an individual to the debtor in connection
        with obtaining a product or a service from the debtor primarily
        for personal, family, or household purposes - 
            (i) the first name (or initial) and last name of such
          individual, whether given at birth or time of adoption, or
          resulting from a lawful change of name;
            (ii) the geographical address of a physical place of
          residence of such individual;
            (iii) an electronic address (including an e-mail address)
          of such individual;
            (iv) a telephone number dedicated to contacting such
          individual at such physical place of residence;
            (v) a social security account number issued to such
          individual; or
            (vi) the account number of a credit card issued to such
          individual; or

          (B) if identified in connection with 1 or more of the items
        of information specified in subparagraph (A) - 
            (i) a birth date, the number of a certificate of birth or
          adoption, or a place of birth; or
            (ii) any other information concerning an identified
          individual that, if disclosed, will result in contacting or
          identifying such individual physically or electronically.

        (42) The term "petition" means petition filed under section
      301, 302, 303 and (!2) 1504 of this title, as the case may be,
      commencing a case under this title.

        (42A) The term "production payment" means a term overriding
      royalty satisfiable in cash or in kind - 
          (A) contingent on the production of a liquid or gaseous
        hydrocarbon from particular real property; and
          (B) from a specified volume, or a specified value, from the
        liquid or gaseous hydrocarbon produced from such property, and
        determined without regard to production costs.

        (43) The term "purchaser" means transferee of a voluntary
      transfer, and includes immediate or mediate transferee of such a
      transferee.
        (44) The term "railroad" means common carrier by railroad
      engaged in the transportation of individuals or property or owner
      of trackage facilities leased by such a common carrier.
        (45) The term "relative" means individual related by affinity
      or consanguinity within the third degree as determined by the
      common law, or individual in a step or adoptive relationship
      within such third degree.
        (46) The term "repo participant" means an entity that, at any
      time before the filing of the petition, has an outstanding
      repurchase agreement with the debtor.
        (47) The term "repurchase agreement" (which definition also
      applies to a reverse repurchase agreement) - 
          (A) means - 
            (i) an agreement, including related terms, which provides
          for the transfer of one or more certificates of deposit,
          mortgage related securities (as defined in section 3 of the
          Securities Exchange Act of 1934), mortgage loans, interests
          in mortgage related securities or mortgage loans, eligible
          bankers' acceptances, qualified foreign government securities
          (defined as a security that is a direct obligation of, or
          that is fully guaranteed by, the central government of a
          member of the Organization for Economic Cooperation and
          Development), or securities that are direct obligations of,
          or that are fully guaranteed by, the United States or any
          agency of the United States against the transfer of funds by
          the transferee of such certificates of deposit, eligible
          bankers' acceptances, securities, mortgage loans, or
          interests, with a simultaneous agreement by such transferee
          to transfer to the transferor thereof certificates of
          deposit, eligible bankers' acceptance, securities, mortgage
          loans, or interests of the kind described in this clause, at
          a date certain not later than 1 year after such transfer or
          on demand, against the transfer of funds;
            (ii) any combination of agreements or transactions referred
          to in clauses (i) and (iii);
            (iii) an option to enter into an agreement or transaction
          referred to in clause (i) or (ii);
            (iv) a master agreement that provides for an agreement or
          transaction referred to in clause (i), (ii), or (iii),
          together with all supplements to any such master agreement,
          without regard to whether such master agreement provides for
          an agreement or transaction that is not a repurchase
          agreement under this paragraph, except that such master
          agreement shall be considered to be a repurchase agreement
          under this paragraph only with respect to each agreement or
          transaction under the master agreement that is referred to in
          clause (i), (ii), or (iii); or
            (v) any security agreement or arrangement or other credit
          enhancement related to any agreement or transaction referred
          to in clause (i), (ii), (iii), or (iv), including any
          guarantee or reimbursement obligation by or to a repo
          participant or financial participant in connection with any
          agreement or transaction referred to in any such clause, but
          not to exceed the damages in connection with any such
          agreement or transaction, measured in accordance with section
          562 of this title; and

          (B) does not include a repurchase obligation under a
        participation in a commercial mortgage loan.

        (48) The term "securities clearing agency" means person that is
      registered as a clearing agency under section 17A of the
      Securities Exchange Act of 1934, or exempt from such registration
      under such section pursuant to an order of the Securities and
      Exchange Commission, or whose business is confined to the
      performance of functions of a clearing agency with respect to
      exempted securities, as defined in section 3(a)(12) of such Act
      for the purposes of such section 17A.
        (48A) The term "securities self regulatory organization" means
      either a securities association registered with the Securities
      and Exchange Commission under section 15A of the Securities
      Exchange Act of 1934 or a national securities exchange registered
      with the Securities and Exchange Commission under section 6 of
      the Securities Exchange Act of 1934.
        (49) The term "security" - 
          (A) includes - 
            (i) note;
            (ii) stock;
            (iii) treasury stock;
            (iv) bond;
            (v) debenture;
            (vi) collateral trust certificate;
            (vii) pre-organization certificate or subscription;
            (viii) transferable share;
            (ix) voting-trust certificate;
            (x) certificate of deposit;
            (xi) certificate of deposit for security;
            (xii) investment contract or certificate of interest or
          participation in a profit-sharing agreement or in an oil,
          gas, or mineral royalty or lease, if such contract or
          interest is required to be the subject of a registration
          statement filed with the Securities and Exchange Commission
          under the provisions of the Securities Act of 1933, or is
          exempt under section 3(b) of such Act from the requirement to
          file such a statement;
            (xiii) interest of a limited partner in a limited
          partnership;
            (xiv) other claim or interest commonly known as "security";
          and
            (xv) certificate of interest or participation in, temporary
          or interim certificate for, receipt for, or warrant or right
          to subscribe to or purchase or sell, a security; but

          (B) does not include - 
            (i) currency, check, draft, bill of exchange, or bank
          letter of credit;
            (ii) leverage transaction, as defined in section 761 of
          this title;
            (iii) commodity futures contract or forward contract;
            (iv) option, warrant, or right to subscribe to or purchase
          or sell a commodity futures contract;
            (v) option to purchase or sell a commodity;
            (vi) contract or certificate of a kind specified in
          subparagraph (A)(xii) of this paragraph that is not required
          to be the subject of a registration statement filed with the
          Securities and Exchange Commission and is not exempt under
          section 3(b) of the Securities Act of 1933 from the
          requirement to file such a statement; or
            (vii) debt or evidence of indebtedness for goods sold and
          delivered or services rendered.

        (50) The term "security agreement" means agreement that creates
      or provides for a security interest.
        (51) The term "security interest" means lien created by an
      agreement.
        (51A) The term "settlement payment" means, for purposes of the
      forward contract provisions of this title, a preliminary
      settlement payment, a partial settlement payment, an interim
      settlement payment, a settlement payment on account, a final
      settlement payment, a net settlement payment, or any other
      similar payment commonly used in the forward contract trade.
        (51B) The term "single asset real estate" means real property
      constituting a single property or project, other than residential
      real property with fewer than 4 residential units, which
      generates substantially all of the gross income of a debtor who
      is not a family farmer and on which no substantial business is
      being conducted by a debtor other than the business of operating
      the real property and activities incidental thereto.
        (51C) The term "small business case" means a case filed under
      chapter 11 of this title in which the debtor is a small business
      debtor.
        (51D) The term "small business debtor" - 
          (A) subject to subparagraph (B), means a person engaged in
        commercial or business activities (including any affiliate of
        such person that is also a debtor under this title and
        excluding a person whose primary activity is the business of
        owning or operating real property or activities incidental
        thereto) that has aggregate noncontingent liquidated secured
        and unsecured debts as of the date of the filing of the
        petition or the date of the order for relief in an amount not
        more than $2,000,000 (excluding debts owed to 1 or more
        affiliates or insiders) for a case in which the United States
        trustee has not appointed under section 1102(a)(1) a committee
        of unsecured creditors or where the court has determined that
        the committee of unsecured creditors is not sufficiently active
        and representative to provide effective oversight of the
        debtor; and
          (B) does not include any member of a group of affiliated
        debtors that has aggregate noncontingent liquidated secured and
        unsecured debts in an amount greater than $2,000,000 (excluding
        debt owed to 1 or more affiliates or insiders).

        (52) The term "State" includes the District of Columbia and
      Puerto Rico, except for the purpose of defining who may be a
      debtor under chapter 9 of this title.
        (53) The term "statutory lien" means lien arising solely by
      force of a statute on specified circumstances or conditions, or
      lien of distress for rent, whether or not statutory, but does not
      include security interest or judicial lien, whether or not such
      interest or lien is provided by or is dependent on a statute and
      whether or not such interest or lien is made fully effective by
      statute.
        (53A) The term "stockbroker" means person - 
          (A) with respect to which there is a customer, as defined in
        section 741 of this title; and
          (B) that is engaged in the business of effecting transactions
        in securities - 
            (i) for the account of others; or
            (ii) with members of the general public, from or for such
          person's own account.

        (53B) The term "swap agreement" - 
          (A) means - 
            (i) any agreement, including the terms and conditions
          incorporated by reference in such agreement, which is - 
              (I) an interest rate swap, option, future, or forward
            agreement, including a rate floor, rate cap, rate collar,
            cross-currency rate swap, and basis swap;
              (II) a spot, same day-tomorrow, tomorrow-next, forward,
            or other foreign exchange, precious metals, or other
            commodity agreement;
              (III) a currency swap, option, future, or forward
            agreement;
              (IV) an equity index or equity swap, option, future, or
            forward agreement;
              (V) a debt index or debt swap, option, future, or forward
            agreement;
              (VI) a total return, credit spread or credit swap,
            option, future, or forward agreement;
              (VII) a commodity index or a commodity swap, option,
            future, or forward agreement;
              (VIII) a weather swap, option, future, or forward
            agreement;
              (IX) an emissions swap, option, future, or forward
            agreement; or
              (X) an inflation swap, option, future, or forward
            agreement;

            (ii) any agreement or transaction that is similar to any
          other agreement or transaction referred to in this paragraph
          and that - 
              (I) is of a type that has been, is presently, or in the
            future becomes, the subject of recurrent dealings in the
            swap or other derivatives markets (including terms and
            conditions incorporated by reference therein); and
              (II) is a forward, swap, future, option, or spot
            transaction on one or more rates, currencies, commodities,
            equity securities, or other equity instruments, debt
            securities or other debt instruments, quantitative measures
            associated with an occurrence, extent of an occurrence, or
            contingency associated with a financial, commercial, or
            economic consequence, or economic or financial indices or
            measures of economic or financial risk or value;

            (iii) any combination of agreements or transactions
          referred to in this subparagraph;
            (iv) any option to enter into an agreement or transaction
          referred to in this subparagraph;
            (v) a master agreement that provides for an agreement or
          transaction referred to in clause (i), (ii), (iii), or (iv),
          together with all supplements to any such master agreement,
          and without regard to whether the master agreement contains
          an agreement or transaction that is not a swap agreement
          under this paragraph, except that the master agreement shall
          be considered to be a swap agreement under this paragraph
          only with respect to each agreement or transaction under the
          master agreement that is referred to in clause (i), (ii),
          (iii), or (iv); or
            (vi) any security agreement or arrangement or other credit
          enhancement related to any agreements or transactions
          referred to in clause (i) through (v), including any
          guarantee or reimbursement obligation by or to a swap
          participant or financial participant in connection with any
          agreement or transaction referred to in any such clause, but
          not to exceed the damages in connection with any such
          agreement or transaction, measured in accordance with section
          562; and

          (B) is applicable for purposes of this title only, and shall
        not be construed or applied so as to challenge or affect the
        characterization, definition, or treatment of any swap
        agreement under any other statute, regulation, or rule,
        including the Gramm-Leach-Bliley Act, the Legal Certainty for
        Bank Products Act of 2000, the securities laws (as such term is
        defined in section 3(a)(47) of the Securities Exchange Act of
        1934) and the Commodity Exchange Act.

        (53C) The term "swap participant" means an entity that, at any
      time before the filing of the petition, has an outstanding swap
      agreement with the debtor.
        (56A) (!3) The term "term overriding royalty" means an interest
      in liquid or gaseous hydrocarbons in place or to be produced from
      particular real property that entitles the owner thereof to a
      share of production, or the value thereof, for a term limited by
      time, quantity, or value realized.

        (53D) The term "timeshare plan" means and shall include that
      interest purchased in any arrangement, plan, scheme, or similar
      device, but not including exchange programs, whether by
      membership, agreement, tenancy in common, sale, lease, deed,
      rental agreement, license, right to use agreement, or by any
      other means, whereby a purchaser, in exchange for consideration,
      receives a right to use accommodations, facilities, or
      recreational sites, whether improved or unimproved, for a
      specific period of time less than a full year during any given
      year, but not necessarily for consecutive years, and which
      extends for a period of more than three years. A "timeshare
      interest" is that interest purchased in a timeshare plan which
      grants the purchaser the right to use and occupy accommodations,
      facilities, or recreational sites, whether improved or
      unimproved, pursuant to a timeshare plan.
        (54) The term "transfer" means - 
          (A) the creation of a lien;
          (B) the retention of title as a security interest;
          (C) the foreclosure of a debtor's equity of redemption; or
          (D) each mode, direct or indirect, absolute or conditional,
        voluntary or involuntary, of disposing of or parting with - 
            (i) property; or
            (ii) an interest in property.

        (54A) The term "uninsured State member bank" means a State
      member bank (as defined in section 3 of the Federal Deposit
      Insurance Act) the deposits of which are not insured by the
      Federal Deposit Insurance Corporation.
        (55) The term "United States", when used in a geographical
      sense, includes all locations where the judicial jurisdiction of
      the United States extends, including territories and possessions
      of the United States.