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156
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TITLE 11, UNITED
STATES CODE
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Chap.
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Sec.
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1. General
Provisions
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101 |
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[12. Adjustment of Debts of Family Farmers with Regular Annual
Income |
1201] |
| 12. Adjustments of Debts of a Family Farmer or Family Fisherman
with Regular Annual Income |
1201 |
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| 15. Ancillary and Other Cross-Border Cases |
1501 |
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CHAPTER 1
GENERAL PROVISIONS
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Sec.
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101.
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Definitions.
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111.
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Nonprofit
budget and credit counseling agencies; financial management instructional
courses.
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112.
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Prohibition
on disclosure of name of minor children.
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Sec.
101. Definitions
[In this title] 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)
(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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(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)
(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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(6)
The term "commodity broker" means futures commission merchant, foreign
futures commission merchant, clearing
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organization,
leverage transaction merchant, or commodity options dealer, as defined in
section 761 of this title,
with respect to which there is a customer, as defined in section
761 of this title
[;] .
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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)
(B) does not include limited partnership [;]
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(10)
The term "creditor" means
(A)
(C) entity
that has a community
claim [;] .
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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
debtor files the
schedule of current income required by section
521(a)(1)(B)(ii);
or
(ii) the date on which current income is determined by the court
for purposes of this title if the
debtor does not
file the schedule of current income required by section
521(a)(1)(B)(ii);
and
(B) includes
any amount paid by any
entity other than
the debtor (or in
a joint case the debtor
and the debtor's
spouse), on a regular basis for the household expenses of the
debtor or the
debtor's dependents
(and in a joint case the
debtor's spouse
if not otherwise a dependent), but excludes benefits received under the
Social Security Act, payments to victims of war crimes or crimes against
humanity on account of their status as victims of such crimes, and payments
to victims of international terrorism (as defined in section 2331 of title
18) or domestic terrorism
(as defined in section 2331 of title
18) on account of their
status as victims of such terrorism
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(11)
The term "custodian" means
(A)
(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
statutory 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
[;] .
[(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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(13A)
The term "debtor's principal residence"
(A) means a residential structure, including
incidental property,
without regard to whether that structure is attached to real property;
and
(B) includes
an individual condominium or cooperative unit, a mobile or manufactured
home, or trailer.
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[(D) is not and was not, within two 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) 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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(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
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(A)
(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 debts do not exceed [$1,500,000]
$3,237,000 and not less than [80]
50 percent of whose aggregate noncontingent, liquidated debts (excluding
a debt for the principal
residence of such individual or such individual and spouse unless such
debt arises out
of a farming operation),
on the date the case is filed, arise out of a
farming operation
owned or operated by such individual or such individual and spouse, and
such individual or such individual and spouse receive from such
farming operation
more than 50 percent of such individual's or such individual and spouse's
gross income [for the taxable year preceding the
taxable year] 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)
(ii) its aggregate debts do not exceed [$1,500,000]
$3,237,000 and not less than [80 ]
50 percent of its aggregate noncontingent, liquidated debts (excluding
a debt for one dwelling
which is owned by such
corporation or partnership
and which a shareholder or partner maintains as a principal residence, unless
such debt arises
out of a farming operation),
on the date the case is
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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 thi
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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 $1,500,000 and not less
than 80 percent of whose aggregate noncontingent, liquidated debts (excluding
a debt for the principal
residence of such individual or such individual and spouse, unless such
debt arises out
of a commercial fishing
operation), on the date the case is filed, arise out of a
commercial fishing operation
owned or operated by such individual or such individual and spouse;
and
(ii) who receive from such
commercial fishing operation
more than 50 percent of such individual's or such individual's and spouse's
gross income for the taxable year preceding the taxable year in which the
case concerning such individual or such individual and spouse was filed;
or
(B) a corporation
or partnership
(i) in which more than 50 percent of the outstanding stock or
equity is held by
(I) 1 family that conducts the
commercial fishing operation;
or
(II) 1 family and the
relatives of the
members of such family, and such family or such
relatives conduct
the commercial fishing
operation; and
(ii)(I) more than 80 percent of the value of its assets consists
of assets related to the
commercial fishing operation;
(II) its aggregate debts do not exceed $1,500,000 and not less
than 80 percent of its aggregate noncontingent, liquidated debts (excluding
a debt for 1 dwelling
which is owned by such
corporation or partnership
and which a shareholder or partner maintains as a principal residence, unless
such debt arises
out of a commercial
fishing operation), on the date the case is filed, arise out of a
commercial fishing operation
owned or operated by such
corporation or such
partnership; and
(III) if such
corporation issues
stock, such stock is not publicly traded.
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(19B)
The term "family fisherman with regular annual income" means a
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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(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)
(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)
(D) with respect to any
insured depository institution
for which the Federal Deposit Insurance Corporation has been appointed conservator
or receiver, the Federal Deposit Insurance Corporation [;]
.
[(22) the term "financial
institution"]
[(A) means]
[(i) 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, or receiver or conservator
for such entity
and, when any such Federal reserve bank, receiver, conservator, or
entity is acting
as agent or custodian
for a customer in connection with a securities contract, as defined in section
741 of this title, the customer;
or]
[(ii) in connection with a securities contract,
as defined in section 741
of this title, an investment com-pany 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;]
[(23) "foreign proceeding" means proceeding, whether
judicial or administrative and whether or not under bankruptcy law, in a
foreign country in which the
debtor's domicile,
residence, principal place of business, or principal assets were located
at the commencement of such proceeding, for the purpose of liqui-dating an
estate, adjusting debts by composition, extension, or discharge, or effecting
a reorganization;]
[(24) "foreign representative" means duly selected
trustee, administrator, or other representative of an estate in a
foreign proceeding;]
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(22)
The term "financial
institution" means
(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, conser-vator
or entity is acting
as agent or custodian
for a customer 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
any agreement or transaction
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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 on any day during the previous 15-month
period, 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)
on any day during the previous 15-month period; 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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(24)
The term "foreign representative" means a
person or body,
including a person
or body appointed on an interim basis, authorized in a
foreign proceeding
to administer the reorganization or the liquidation of the
debtor's assets
or affairs or to act as a representative of such
foreign proceeding.
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(25)
The term "forward contract" [means a contract]
means
(A) a contract (other than a commodity contract) 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, reverse repurchase transaction, consignment,
lease, swap, hedge transaction, deposit, loan, option, allocated transaction,
unallocated transaction [, or any combination thereof
or option thereon;] , 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
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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) "forward contract merchant" means a
person whose business
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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(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
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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 claim
[;] .
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(31)
The term "insider"
includes
(A)
(F) managing agent of the
debtor
[;] .
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(32)
The term "insolvent" means
(A)
(C) with reference to a
municipality, financial
condition such that the
municipality is
(i)
(ii) unable to pay its debts as they become due [;]
.
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(33)
The term "institution-affiliated party"
(A)
(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)
(B) includes
an insured credit union
(except in the case of [paragraphs (21B) and (33)(A)]
paragraphs (23) and (35) of this subsection) [;]
.
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(35A)
The term "intellectual property" means
(A)
to the extent
protected by applicable nonbankruptcy law [; and]
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(36)
The term "judicial lien" means
statutory 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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(40A)
The term "patient" means any individual who obtains or receives services
from a health care
business.
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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.
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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)
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 [;]
.
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(42A)
The term "production payment" means a
term overriding royalty
satisfiable in cash or in kind
(A)
(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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(46)
The term "repo participant" means an
entity that,
[on any day during the period beginning 90 days before
the date of] at any time before the filing
of the petition,
has an outstanding repurchase agreement with the
debtor
[;] .
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[(47) "repurchase agreement" (which definition also
applies to a reverse repurchase agreement) means an agreement, including
related terms, which provides for the
transfer of certificates
of deposit, eligible bankers' acceptances, 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 with a simultaneous agreement by such transferee to
transfer to the
transferor thereof certificates of deposit, eligible bankers' acceptances,
or securities as described above, at a date certain not later than one year
after such transfers
or on demand, against the
transfer of funds;]
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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 trans-
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action 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)
(B) does not include
(i)
(vii) debt
or evidence of indebtedness for goods sold and delivered or services rendered
[;] .
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(50)
The term "security agreement" means agreement that creates or provides
for a security interest
[;] .
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(51)
The term "security interest" means
statutory 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 hav-
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ing aggregate
noncontingent, liquidated secured debts in an amount no more than $4,000,000;]
.
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[(51C) "small business" means a
person engaged in
commercial or business activities (but does not include a
person whose primary
activity is the business of owning or operating real property and activities
incidental thereto) whose aggregate noncontingent liquidated secured and
unsecured debts as of the date of the
petition do not
exceed $2,000,000;]
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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 debts as of the date of the
petition or the
date of the order for
relief in an amount not more than $2,000,000 (excluding debts owed to
1 or more affiliates
or insiders) for a case in which the United States trustee has not appointed
under section 1102(a)(1)
a committee of unsecured
creditors or where
the court has determined that the committee of unsecured
creditors is not
sufficiently active and representative to provide effective oversight of
the debtor;
and
(B) does not include any member of a group of affiliated debtors
that has aggregate noncontingent liquidated secured and unsecured debts
in an amount greater than $2,000,000 (excluding
debt owed to 1 or
more affiliates or
insiders).
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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
statutory lien arising
solely by force of a statute on specified circumstances or conditions, or
statutory lien of
distress for rent, whether or not statutory, but does not include
security interest
or judicial lien,
whether or not such interest or
statutory lien is
provided by or is dependent on a statute and whether or not such interest
or statutory lien
is made fully effective by statute [;]
.
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(53A)
The term "stockbroker" means
person
(A)
(B) that is engaged in the business of effecting transactions in
securities
(i)
(ii) with members of the general public, from or for such person's
own account [;] .
[(53B) "swap agreement" means]
[(A) an agreement (including terms and conditions
incorporated by reference therein) 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);]
[(B) any combination of the foregoing; or]
[(C) a master agreement for any of the
foregoing together with all supplements;]
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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 or precious metals 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;
(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 markets (including
terms and conditions incorporated by reference therein); and
(II) is a forward, swap, future, or option 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 mas-
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ter 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.
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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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(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) "transfer" means every mode, direct or indirect,
absolute or conditional, voluntary or involuntary, of disposing of or parting
with property or 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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(54)
The term "transfer" means
(A) the creation of a
statutory 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] 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 [; 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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Sec.
103. Applicability of chapters
(a)
Except as provided in section 1161 of this title, chapters 1, 3, and 5 of
this title apply in a case under chapter
7,
11,
12, or
13 of this title, and this
chapter, sections 307,
362(n),
555 through
557, and
559 through
562 apply in a case under
chapter 15.
(k)
Chapter 15 applies only in a case under such chapter, except that
(1) sections 1505,
1513, and
1514 apply in all cases under
this title; and
(2) section 1509
applies whether or not a case under this title is pending.
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Sec.
104. Adjustment of dollar
amounts
(a)
(b)(1) On April 1, 1998, and at each 3-year interval ending on April
1 thereafter, each dollar amount in effect under sections
101(3),
101(18),
101(19A),
101(51D),
109(e),
303(b),
507(a),
522(d), [and
523(a)(2)(C)]
522(f)(3) and
522(f)(4),
522(n),
522(p),
522(q),
522(f)(3) and
522(f)(4),
523(a)(2)(C),
541(b),
547(c)(9),
707(b),
1322(d),
1325(b), and
1326(b)(3) of this title
and section 1409(b) of
title 28
immediately before such April 1 shall be adjusted
(A)
(2) Not later than March 1, 1998, and at each 3-year interval ending
on March 1 thereafter, the Judicial Conference of the United States shall
publish in the Federal Register the dollar amounts that will become effective
on such April 1 under sections
101(3),
101(18),
101(18),
101(51D),
109(e),
303(b),
507(a),
522(d), [and
523(a)(2)(C) of this title]
522(f)(3) and
522(f)(4),
522(n),
522(p),
522(q),
522(f)(3) and
522(f)(4),
523(a)(2)(C),
541(b),
547(c)(9),
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Sec.
105. Power of court
(a)
(d)
The court, on its own motion or on the request of a party in interest
[, may]
[(1) hold a status conference regarding any
case or proceeding under this title after notice to the parties in interest;
and]
(1) shall hold such status conferences as are necessary to further
the expeditious and economical resolution of the case; and
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Sec.
107. Public access to papers
(a)
Except as provided in subsection (b) of this section and subject to section
112, a paper filed in
a case under this title and the dockets of a bankruptcy court are public
records and open to examination by an
entity at reasonable
times without charge.
(c)(1) The bankruptcy court, for cause, may protect an individual,
with respect to the following types of information to the extent the court
finds that disclosure of such information would create undue risk of identity
theft or other unlawful injury to the individual or the individual's property:
(A) Any means of identification (as defined in section 1028(d)
of title 18) contained in
a paper filed, or to be filed, in a case under this title.
(B) Other information contained in a paper described in subparagraph
(A).
(2) Upon ex parte application demonstrating cause, the court shall
provide access to information protected pursuant to paragraph (1) to an
entity acting pursuant
to the police or regulatory power of a domestic
governmental unit.
(3) The United States trustee, bankruptcy administrator, trustee,
and any auditor serving under section
586(f) of
title 28
(A) shall have full access to all information contained in any
paper filed or submitted in a case under this title; and
(B) shall not disclose information specifically protected by the
court under this title.
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Sec.
108. Extension of time
(a)
(c)
Except as provided in section 524 of this title, if applicable nonbankruptcy law, an order entered
in a nonbankruptcy proceeding, or an agreement fixes a period for commencing
or continuing a civil action in a court other than a bankruptcy court on
a claim against the debtor,
or against an individual with respect
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to which
such individual is protected under section
1201 or
1301 of this title, and such
period has not expired before the date of the filing of the
petition, then such
period does not expire until the later of
(1)
(2) 30 days after notice of the termination or expiration of the
stay under section 362,
[922, 1201, or] 922,
1201, or
1301 of this title, as the
case may be, with respect to such
claim.
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Sec.
109. Who may be a debtor
(a)
(b)
A person may be
a debtor under chapter
7 of this title only if such
person is not
(1) a railroad;
(2) a domestic insurance company, bank, savings bank, cooperative
bank, savings and loan association, building and loan association, homestead
association, a New Markets Venture Capital company as defined in section
351 of the Small Business Investment Act of 1958, a small business investment
company licensed by the Small Business Administration under
[subsection (c) or (d) of] section
301 of the Small Business
Investment Act of 1958, credit union, or industrial bank or similar institution
which is an insured bank as defined in section 3(h) of the Federal Deposit
Insurance Act, except that an
uninsured State member
bank, or a corporation
organized under section 25A of the Federal Reserve Act, which operates,
or operates as, a multilateral clearing organization pursuant to section
409 of the Federal Deposit Insurance Corporation Improvement Act of 1991
may be a debtor
if a petition is
filed at the direction of the Board of Governors of the Federal Reserve
System; or
[(3) a foreign insurance company, bank, savings
bank, cooperative bank, savings and loan association, building and loan
association, homestead association, or credit union, engaged in such business
in the United States.]
(3)(A) a foreign insurance company, engaged in such business in
the United States;
or
(B) a foreign bank, savings bank, cooperative bank, savings and
loan association, building and loan association, or credit union, that has
a branch or agency (as defined in section 1(b) of the International Banking
Act of 1978 in the United
States.
(f)
Only a family farmer
or family farmer
with regular annual income may be a
debtor under chapter
12 of this title.
(h)(1) Subject to paragraphs (2) and (3), and notwithstanding
any other provision of this section, an individual
may not be a
debtor under this
title unless such individual has, during the 180-day period preceding the
date of filing of the
petition by such
individual, received from an approved nonprofit budget and credit counseling
agency described in section 111(a)
an individual or group briefing (including a briefing conducted by telephone
or on the Internet) that outlined the opportunities for available credit
counseling and assisted such individual in performing a related budget analysis.
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