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In this title the following definitions shall apply:
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(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.
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(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.
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(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 $175,750.
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(4) The term "attorney"
means attorney, professional law association,
corporation,
or partnership, authorized under applicable law to practice
law.
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(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.
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(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.
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(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.
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(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).
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(8) The term "consumer
debt" means
debt
incurred by an individual primarily for a personal, family,
or household purpose.
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(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.
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(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
debt
or 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
entity
(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.
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(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.
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(12) The term "debt"
means liability on a
claim.
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(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.
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(13) The term "debtor"
means person
or municipality
concerning which a case under this title has been commenced.
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(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.
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(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.
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(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.
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(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.
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(18) The term "family
farmer" means—
(A)
individual or individual and spouse engaged in a
farming
operation whose aggregate
debt
do not exceed $3,792,650
and not less than 50 percent of whose aggregate noncontingent,
liquidated
debt
(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
debt
do not exceed $3,792,650
and not less than 50 percent of its aggregate noncontingent,
liquidated
debt
(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.
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(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.
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(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 $1,757,475
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 $1,757,475
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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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, 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.
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(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).
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(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.
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(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) 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.
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(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.
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(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.
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(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.
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(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 addition s.
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(29) The term "indenture
trustee" means trustee under an
indenture.
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(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.
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(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
debt
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
debt
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
debt;
and
(C)
with reference to a
municipality,
financial condition such that the
municipality
is—
(i)
generally not paying its
debt
as they become due unless such
debt
are the subject of a bona fide dispute; or
(ii)
unable to pay its
debt
as they become due.
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(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.
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(34) The term "insured
credit union" has the meaning given it in section 101(7)
of the Federal Credit Union Act .
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(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).
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(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.
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(36) The term "judicial
lien" means
lien
obtained by judgment, levy, sequestration, or other legal
or equitable process or proceeding.
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(37) The term "lien"
means charge against or interest in property to secure payment
of a debt
or performance of an obligation.
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(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.
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(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).
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(39) The term "mask
work" has the meaning given it in section 901(a)(2)
of title 17.
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(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.
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(40) The term "municipality"
means political subdivision or public agency or instrumentality
of a State.
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(40B) The term "patient records" means any
relating to a
patient,
including a written document or a record recorded in a magnetic,
optical, or other form of electronic medium.
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(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.
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(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.
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(42) The term "petition"
means petition filed under section
301,
302, 303
and
1504 of this title, as the case may be, commencing a
case under this title.
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(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.
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(43) The term "purchaser"
means transferee of a voluntary
transfer,
and
includes immediate or mediate transferee of such a transferee.
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(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.
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(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.
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(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.
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(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.
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(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.
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(49) The term "security"—
(A)
includes—
(i)
note;
(ii)
stock;
(iii)
treasury stock;
(iv)
bond;
(v)
debenture;
(vi)
collateral trust certificate;
(vii)
preorganization 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.
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(51) The term "security
interest" means
lien
created by an agreement.
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(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.
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(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
debt
as of the date of the filing of the
petition
or the date of the
order for relief in an amount not more than $2,343,300
(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 $2,343,300
(excluding
debt
owed to 1 or more
affiliates
or insiders).
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(56A) 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;
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(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2549; Pub.
L. 97-222, § 1, July 27, 1982, 96 Stat. 235; Pub.
L. 98-353, Title III, §§ 391, 401, 421, July 10, 1984,
98 Stat. 364, 366, 367; Pub. L. 99-554, Title II, §§ 201,
251, 283(a), Oct. 27, 1986, 100 Stat. 3097, 3104,
3116; Pub. L. 100-506, § 1(a), Oct. 18, 1988, 102
Stat. 2538; Pub. L. 100-597, § 1, Nov. 3, 1988, 102
Stat. 3028; Pub. L. 101-311, Title I, § 101, Title II, §
201, June 25, 1990, 104 Stat. 267, 268; Pub. L. 101-647,
Title XXV, § 2522(e), Nov. 29, 1990,
104 Stat. 4867; Pub. L. 102-486, Title XXX, § 3017(a),
Oct. 24, 1992, 106 Stat. 3130; Pub. L.
103-394, Title I, § 106, Title II, §§ 208(a), 215, 217(a),
218(a), Title III, § 304(a), Title V, § 501(a), (b)(1),
(d)(1), Oct. 22, 1994, 108 Stat. 4111, 4124, 4126-4128,
4132, 4141-4143; Pub. L. 106-554, § 1(a)(5) [Title I, §
112(c)(3), (4)], Dec. 21, 2000, 114 Stat. 2763, 2763A–393,
2763A–394; Pub. L.
109-8, Title I, §
102(b),
(k), Title II, Subtitle B, §
211, Subtitle C, §§
226(a),
231(b), Title III, §
306(c), Title IV, Subtitle A, §§
401(a),
414, Subtitle B, §
432(a), Title VIII, §
802(b), Title IX, §
907(a)(1),
(b),
(c), Title X, §§
1004,
1005,
1007(a), Title XI, §
1101(a),
(b), Title XII, §
1201, April 20, 2005, 119 Stat. 32, 35, 50, 66,
73, 80, 104, 107, 110, 145, 170, 175, 186, 187, 189, 192;
Pub. L.
109–390, § 5(a)(1), December 12, 2006, 120 Stat.
2700; Feb. 14, 2007,
72 Fed. Reg. 7082; Feb. 25, 2010,
75 Fed. Reg. 8747; Pub. L.
111-327, § 2(a)(1), Dec. 22, 2010, 124 Stat.
3557; Feb. 21, 2013,
78 Fed. Reg. 12089.)
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©2005-2013 - WEBER LAW
FIRM, P.C. - All Rights Reserved
Page Last Updated:
June 17, 2013
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