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

Search 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, 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.
(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 (23) and (35) 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 written document
relating to a patient 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, or 304 (!2) 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.
(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 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.