Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

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TITLE 11–BANKRUPTCY

CHAPTER 1–GENERAL PROVISIONS

Sec. 101. Definitions

   In this title - 

(1) ''accountant'' means accountant authorized under applicable 
law to practice public accounting, and includes professional 
accounting association, corporation, or partnership, if so 
authorized; 

(2) ''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; 


(4) [1] ''attorney'' means attorney, professional law 
association, corporation, or partnership, authorized under 
applicable law to practice law; 
[1] So in original. There is no par. (3). 

(5) ''claim'' means - 
(A) right to payment, whether or not such right is reduced to 
judgment, liquidated, unliquidated, fixed, contingent, matured, 
unmatured, disputed, undisputed, legal, equitable, secured, or 
unsecured; or 
(B) right to an equitable remedy for breach of performance if 
such breach gives rise to a right to payment, whether or not 
such right to an equitable remedy is reduced to judgment, 
fixed, contingent, matured, unmatured, disputed, undisputed, 
secured, or unsecured; 


(6) ''commodity broker'' means futures commission merchant, 
foreign futures commission merchant, clearing organization, 
leverage transaction merchant, or commodity options dealer, as 
defined in section 761 of this title, with respect to which there 
is a customer, as defined in section 761 of this title; 

(7) ''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; 

(8) ''consumer debt'' means debt incurred by an individual 
primarily for a personal, family, or household purpose; 

(9) ''corporation'' - 
(A) includes - 
(i) association having a power or privilege that a private 
corporation, but not an individual or a partnership, 
possesses; 
(ii) partnership association organized under a law that 
makes only the capital subscribed responsible for the debts 
of such association; 
(iii) joint-stock company; 
(iv) unincorporated company or association; or 
(v) business trust; but 

(B) does not include limited partnership; 


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


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


(12) ''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; 

(13) ''debtor'' means person or municipality concerning which a 
case under this title has been commenced; 

(14) ''disinterested person'' means 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) 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; 


(15) ''entity'' includes person, estate, trust, governmental 
unit, and United States trustee; 

(16) ''equity security'' means - 
(A) share in a corporation, whether or not transferable or 
denominated ''stock'', or similar security; 
(B) interest of a limited partner in a limited partnership; 
or 
(C) warrant or right, other than a right to convert, to 
purchase, sell, or subscribe to a share, security, or interest 
of a kind specified in subparagraph (A) or (B) of this 
paragraph; 


(17) ''equity security holder'' means holder of an equity 
security of the debtor; 

(18) ''family farmer'' means - 
(A) individual or individual and spouse engaged in a farming 
operation 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 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 in which the case concerning such 
individual or such individual and spouse was filed; or 
(B) corporation or partnership in which more than 50 percent 
of the outstanding stock or equity is held by one family, or by 
one family and the relatives of the members of such family, and 
such family or such relatives conduct the farming operation, 
and 
(i) more than 80 percent of the value of its assets 
consists of assets related to the farming operation; 
(ii) its aggregate debts do not exceed $1,500,000 and not 
less than 80 percent of its aggregate noncontingent, 
liquidated debts (excluding a debt for one dwelling which is 
owned by such corporation or partnership and which a 
shareholder or partner maintains as a principal residence, 
unless such debt arises out of a farming operation), on the 
date the case is filed, arise out of the farming operation 
owned or operated by such corporation or such partnership; 
and 
(iii) if such corporation issues stock, such stock is not 
publicly traded; 



(19) ''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; 

(20) ''farmer'' means (except when such term appears in the 
term ''family farmer'') person that received more than 80 percent 
of such person's gross income during the taxable year of such 
person immediately preceding the taxable year of such person 
during which the case under this title concerning such person was 
commenced from a farming operation owned or operated by such 
person; 

(21) ''farming operation'' includes farming, tillage of the 
soil, dairy farming, ranching, production or raising of crops, 
poultry, or livestock, and production of poultry or livestock 
products in an unmanufactured state; 

(21A) ''farmout agreement'' means a written agreement in which 
- 
(A) the owner of a right to drill, produce, or operate liquid 
or gaseous hydrocarbons on property agrees or has agreed to 
transfer or assign all or a part of such right to another 
entity; and 
(B) such other entity (either directly or through its agents 
or its assigns), as consideration, agrees to perform drilling, 
reworking, recompleting, testing, or similar or related 
operations, to develop or produce liquid or gaseous 
hydrocarbons on the property; 


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


(22) ''financial institution'' means a person that is a 
commercial or savings bank, industrial savings bank, savings and 
loan association, or trust company and, when any such person is 
acting as agent or custodian for a customer in connection with a 
securities contract, as defined in section 741 of this title, 
such customer; 

(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 
liquidating 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; 

(25) ''forward contract'' means 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; 

(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; 

(27) ''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; 

(28) ''indenture'' means mortgage, deed of trust, or indenture, 
under which there is outstanding a security, other than a 
voting-trust certificate, constituting a claim against the 
debtor, a claim secured by a lien on any of the debtor's 
property, or an equity security of the debtor; 

(29) ''indenture trustee'' means trustee under an indenture; 

(30) ''individual with regular income'' means individual whose 
income is sufficiently stable and regular to enable such 
individual to make payments under a plan under chapter 13 of this 
title, other than a stockbroker or a commodity broker; 

(31) ''insider'' includes - 
(A) if the debtor is an individual - 
(i) relative of the debtor or of a general partner of the 
debtor; 
(ii) partnership in which the debtor is a general partner; 
(iii) general partner of the debtor; or 
(iv) corporation of which the debtor is a director, 
officer, or person in control; 

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

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

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


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

(B) with reference to a partnership, financial condition such 
that the sum of such partnership's debts is greater than the 
aggregate of, at a fair valuation - 
(i) all of such partnership's property, exclusive of 
property of the kind specified in subparagraph (A)(i) of this 
paragraph; and 
(ii) the sum of the excess of the value of each general 
partner's nonpartnership property, exclusive of property of 
the kind specified in subparagraph (A) of this paragraph, 
over such partner's nonpartnership debts; and 
(C) with reference to a municipality, financial condition 
such that the municipality is - 
(i) generally not paying its debts as they become due 
unless such debts are the subject of a bona fide dispute; or 
(ii) unable to pay its debts as they become due; 



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


(34) ''insured credit union'' has the meaning given it in 
section 101(7) of the Federal Credit Union Act; 

(35) ''insured depository institution'' - 
(A) has the meaning given it in section 3(c)(2) of the 
Federal Deposit Insurance Act; and 
(B) includes an insured credit union (except in the case of 
paragraphs (21B) and (33)(A) of this subsection); 


(35A) ''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 
(36) ''judicial lien'' means lien obtained by judgment, levy, 
sequestration, or other legal or equitable process or proceeding; 


(37) ''lien'' means charge against or interest in property to 
secure payment of a debt or performance of an obligation; 

(38) ''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 [2] 

(39) ''mask work'' has the meaning given it in section 
901(a)(2) of title 17. 

(40) ''municipality'' means political subdivision or public 
agency or instrumentality of a State; 

(41) ''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; 



(42) ''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; 

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


(43) ''purchaser'' means transferee of a voluntary transfer, 
and includes immediate or mediate transferee of such a 
transferee; 

(44) ''railroad'' means common carrier by railroad engaged in 
the transportation of individuals or property or owner of 
trackage facilities leased by such a common carrier; 

(45) ''relative'' means individual related by affinity or 
consanguinity within the third degree as determined by the common 
law, or individual in a step or adoptive relationship within such 
third degree; 

(46) ''repo participant'' means an entity that, on any day 
during the period beginning 90 days before the date of the filing 
of the petition, has an outstanding repurchase agreement with the 
debtor; 

(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; 

(48) ''securities clearing agency'' means person that is 
registered as a clearing agency under section 17A of the 
Securities Exchange Act of 1934 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; 

(49) ''security'' - 
(A) includes - 
(i) note; 
(ii) stock; 
(iii) treasury stock; 
(iv) bond; 
(v) debenture; 
(vi) collateral trust certificate; 
(vii) pre-organization certificate or subscription; 
(viii) transferable share; 
(ix) voting-trust certificate; 
(x) certificate of deposit; 
(xi) certificate of deposit for security; 
(xii) investment contract or certificate of interest or 
participation in a profit-sharing agreement or in an oil, 
gas, or mineral royalty or lease, if such contract or 
interest is required to be the subject of a registration 
statement filed with the Securities and Exchange Commission 
under the provisions of the Securities Act of 1933, or is 
exempt under section 3(b) of such Act from the requirement to 
file such a statement; 
(xiii) interest of a limited partner in a limited 
partnership; 
(xiv) other claim or interest commonly known as 
''security''; and 
(xv) certificate of interest or participation in, temporary 
or interim certificate for, receipt for, or warrant or right 
to subscribe to or purchase or sell, a security; but 

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



(50) ''security agreement'' means agreement that creates or 
provides for a security interest; 

(51) ''security interest'' means lien created by an agreement; 

(51A) ''settlement payment'' means, for purposes of the forward 
contract provisions of this title, a preliminary settlement 
payment, a partial settlement payment, an interim settlement 
payment, a settlement payment on account, a final settlement 
payment, a net settlement payment, or any other similar payment 
commonly used in the forward contract trade; 

(51B) ''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 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 having aggregate noncontingent, 
liquidated secured debts in an amount no more than $4,000,000; 

(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; 

(52) ''State'' includes the District of Columbia and Puerto 
Rico, except for the purpose of defining who may be a debtor 
under chapter 9 of this title; 

(53) ''statutory lien'' means lien arising solely by force of a 
statute on specified circumstances or conditions, or lien of 
distress for rent, whether or not statutory, but does not include 
security interest or judicial lien, whether or not such interest 
or lien is provided by or is dependent on a statute and whether 
or not such interest or lien is made fully effective by statute; 

(53A) ''stockbroker'' means person - 
(A) with respect to which there is a customer, as defined in 
section 741 of this title; and 
(B) that is engaged in the business of effecting transactions 
in securities - 
(i) for the account of others; or 
(ii) with members of the general public, from or for such 
person's own account; 



(53B) ''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; 


(53C) ''swap participant'' means an entity that, at any time 
before the filing of the petition, has an outstanding swap 
agreement with the debtor; 

(56A) [3] ''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; 
[3] So in original. 

(53D) ''timeshare plan'' means and shall include that interest 
purchased in any arrangement, plan, scheme, or similar device, 
but not including exchange programs, whether by membership, 
agreement, tenancy in common, sale, lease, deed, rental 
agreement, license, right to use agreement, or by any other 
means, whereby a purchaser, in exchange for consideration, 
receives a right to use accommodations, facilities, or 
recreational sites, whether improved or unimproved, for a 
specific period of time less than a full year during any given 
year, but not necessarily for consecutive years, and which 
extends for a period of more than three years. A ''timeshare 
interest'' is that interest purchased in a timeshare plan which 
grants the purchaser the right to use and occupy accommodations, 
facilities, or recreational sites, whether improved or 
unimproved, pursuant to a timeshare plan; 

(54) ''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; 

(55) ''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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