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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 $186,825
;.
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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
debtor (or in a joint case
the
debtor and the
debtors 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) "debt for child
support" means a debt of a kind specified in section
523(a)(5) of this title for maintenance or support of a
child of the debtor;
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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 an investment banker for any outstanding security
of the debtor;
(C) has not been, within
three years before the date of the filing of the petition,
an investment banker for a security of the debtor, or an
attorney for such an investment banker in connection with
the offer, sale, or issuance of a security of the debtor;
(D)(B)
is not and was not, within
two
2 years before the date of
the filing of the
petition, a director, officer, or employee of
the
debtor or of an investment
banker specified in subparagraph (B) or (C) of this paragraph;
and
(E)(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 an investment
banker specified in subparagraph (B) or (C) of this paragraph,
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 childs 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 childs 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 childs
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 $1,500,000
$4,031,575 and not less than 80
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 $1,500,000
4,031,575 and not less than 80
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 share-holder
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 $1,868,200
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 $1,868,200
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"
(A)
means
(i)(A)
a Federal reserve bank or an
entity (domestic or foreign)
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 of this title),
the
such customer; or
(ii)(B)
in connection with a
securities contract,
(as defined in section
741 of this title),
an investment company registered under the Investment Company
Act of 1940
;
.
and
(B) includes any person
described in subparagraph (A) which operates, or operates
as, a multilateral clearing organization pursuant to section
409 of the Federal Deposit Insurance Corporation Improvement
Act of 1991;
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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 proceeding, whether
a collective
judicial or administrative proceeding
in a foreign country, and
whether or not under bankruptcy law, in a foreign country
in which debtor's domicile, residence, principal place of
business, or principal assets were located at the commencement
of the proceeding,
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 liquidating
an estate, adjusting debts by composition, extension or
discharge, or effecting a reorganization
or liquidation;.
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(24) The term
"foreign representative"
means a duly selected trustee,
administrator or other
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
an estate in a
such
foreign proceeding;.
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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 transaction,
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 combination thereof
or option thereon
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 person whose
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(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;.
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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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(27A)(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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(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 (21B23)
and (33)(A35)
of this subsection);.
(B)
includes an
insured credit union (except in the case of paragraphs (21B23)
and (33)(A)(35)
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.
; and
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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.;
and
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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 written document relating to a
patient or a record recorded
in a magnetic, optical, or other form of electronic medium;.
(40B)
The term "patient records"
means any written document 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, or
304 of this title, as the case may be, commencing a
case under this title;.
(42) The term
"petition" means petition
filed under section
301,
302,
303,
and
3041504 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
as to principal and interest
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,
or securities,
mortgage loans, or interests, with a simultaneous
agreement by such transferee to
transfer to the transferor thereof certificates of deposit,
eligible bankers acceptances,
or securities,
mortgage loans, or interests of the
kind as
described above,
in this clause,
at a date certain not later than
one
1 year after such
transfers
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)
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;.
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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
thereto having aggregate noncontingent,
liquidated secured debt in an amount no more than $4,000,000
;
.
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(51CD)
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 but does
not include a
person whose primary activity is the business of owning
or operating real property
and
or activities incidental thereto)
whose
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
do not exceed
$2,490,925
(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 $2,490,925
(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
(A)(i)
any agreement,
(including
the terms and conditions incorporated
by reference therein)
in such agreement, which is
a rate swap agreement, basis
swap, forward rate agreement, commodity swap, interest rate
option, forward foreign exchange agreement, spot foreign
exchange agreement, rate cap agreement, rate floor agreement,
rate collar agreement, currency swap agreement, cross-currency
rate swap agreement, currency option, any other similar
agreement (including any option to enter into any of the
foregoing);
(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
or
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;
or
(VIII) a weather swap,
weather derivative, or weather
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, or
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;
(B)(iii)
any combination of
the foregoing agreements
or transactions referred to in this subparagraph;
or
(iv) any option to
enter into an agreement or transaction referred to in this
subparagraph;
(C)(v)
a master agreement for any
of the foregoing 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
Securities Act of 1933,
the Securities Exchange Act of 1934, the Public Utility
Holding Company Act of 1935, the Trust Indenture Act
of 1939, the Investment Company Act of 1940,
the Investment Advisers Act of 1940, the Securities
Investor Protection Act of 1970, the Commodity Exchange
Act, the Gramm-Leach-Bliley
Act, and
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)
every
each mode, direct or indirect,
absolute or conditional, voluntary or involuntary, of disposing
of or parting with
(i) property;
or
(ii)
with an interest in
property, including retention
of title as a security interest and foreclosure of the debtor's
equity of redemption;.
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(54A) Tthe
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.
; and
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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, 2763A393, 2763A394; 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.
109390, § 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:
April 28, 2013
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