§ 101. Definitions
In this title the following definitions shall apply:
(1)
The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized.
(2)
The term “affiliate” means—
(A)
entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(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—
(3)
The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.
(4)
The term “attorney” means attorney, professional law association, corporation, or partnership, authorized under applicable law to practice law.
(4A)
The term “bankruptcy assistance” means any goods or services sold or otherwise provided to an assisted person with the express or implied purpose of providing information, advice, counsel, document preparation, or filing, or attendance at a creditors’ meeting or appearing in a case or proceeding on behalf of another or providing legal representation with respect to a case or proceeding under this title.
(5)
The term “claim” means—
(6)
The term “commodity broker” means futures commission merchant, foreign futures commission merchant, clearing organization, leverage transaction merchant, or commodity options dealer, as defined in section
761 of this title, with respect to which there is a customer, as defined in section
761 of this title.
(7)
The term “community claim” means claim that arose before the commencement of the case concerning the debtor for which property of the kind specified in section
541
(a)(2) of this title is liable, whether or not there is any such property at the time of the commencement of the case.
(7A)
The term “commercial fishing operation” means—
(7B)
The term “commercial fishing vessel” means a vessel used by a family fisherman to carry out a commercial fishing operation.
(8)
The term “consumer debt” means debt incurred by an individual primarily for a personal, family, or household purpose.
(9)
The term “corporation”—
(10)
The term “creditor” means—
(A)
entity that has a claim against the debtor that arose at the time of or before the order for relief concerning the debtor;
(10A)
The term “current monthly income”—
(A)
means the average monthly income from all sources that the debtor receives (or in a joint case the debtor and the debtor’s spouse receive) without regard to whether such income is taxable income, derived during the 6-month period ending on—
(i)
the last day of the calendar month immediately preceding the date of the commencement of the case if the debtor files the schedule of current income required by section
521
(a)(1)(B)(ii); or
(ii)
the date on which current income is determined by the court for purposes of this title if the debtor does not file the schedule of current income required by section
521
(a)(1)(B)(ii); and
(B)
includes any amount paid by any entity other than the debtor (or in a joint case the debtor and the debtor’s spouse), on a regular basis for the household expenses of the debtor or the debtor’s dependents (and in a joint case the debtor’s spouse if not otherwise a dependent), but excludes benefits received under the Social Security Act, payments to victims of war crimes or crimes against humanity on account of their status as victims of such crimes, and payments to victims of international terrorism (as defined in section
2331 of title
18) or domestic terrorism (as defined in section
2331 of title
18) on account of their status as victims of such terrorism.
(11)
The term “custodian” means—
(A)
receiver or trustee of any of the property of the debtor, appointed in a case or proceeding not under this title;
(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.
(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
(13)
The term “debtor” means person or municipality concerning which a case under this title has been commenced.
(13A)
The term “debtor’s principal residence”—
(14)
The term “disinterested person” means a person that—
(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—
(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;
(15)
The term “entity” includes person, estate, trust, governmental unit, and United States trustee.
(16)
The term “equity security” means—
(18)
The term “family farmer” means—
(A)
individual or individual and spouse engaged in a farming operation whose aggregate debts do not exceed $3,237,000 and not less than 50 percent of whose aggregate noncontingent, liquidated debts (excluding a debt for the principal residence of such individual or such individual and spouse unless such debt arises out of a farming operation), on the date the case is filed, arise out of a farming operation owned or operated by such individual or such individual and spouse, and such individual or such individual and spouse receive from such farming operation more than 50 percent of such individual’s or such individual and spouse’s gross income for—
the taxable year in which the case concerning such individual or such individual and spouse was filed; or
(B)
corporation or partnership in which more than 50 percent of the outstanding stock or equity is held by one family, or by one family and the relatives of the members of such family, and such family or such relatives conduct the farming operation, and
(i)
more than 80 percent of the value of its assets consists of assets related to the farming operation;
(ii)
its aggregate debts do not exceed $3,237,000 and not less than 50 percent of its aggregate noncontingent, liquidated debts (excluding a debt for one dwelling which is owned by such corporation or partnership and which a shareholder or partner maintains as a principal residence, unless such debt arises out of a farming operation), on the date the case is filed, arise out of the farming operation owned or operated by such corporation or such partnership; and
(19)
The term “family farmer with regular annual income” means family farmer whose annual income is sufficiently stable and regular to enable such family farmer to make payments under a plan under chapter
12 of this title.
(19A)
The term “family fisherman” means—
(A)
an individual or individual and spouse engaged in a commercial fishing operation—
(i)
whose aggregate debts do not exceed $1,500,000 and not less than 80 percent of whose aggregate noncontingent, liquidated debts (excluding a debt for the principal residence of such individual or such individual and spouse, unless such debt arises out of a commercial fishing operation), on the date the case is filed, arise out of a commercial fishing operation owned or operated by such individual or such individual and spouse; and
(B)
a corporation or partnership—
(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
(19B)
The term “family fisherman with regular annual income” means a family fisherman whose annual income is sufficiently stable and regular to enable such family fisherman to make payments under a plan under chapter
12 of this title.
(20)
The term “farmer” means (except when such term appears in the term “family farmer”) person that received more than 80 percent of such person’s gross income during the taxable year of such person immediately preceding the taxable year of such person during which the case under this title concerning such person was commenced from a farming operation owned or operated by such person.
(21)
The term “farming operation” includes farming, tillage of the soil, dairy farming, ranching, production or raising of crops, poultry, or livestock, and production of poultry or livestock products in an unmanufactured state.
(21A)
The term “farmout agreement” means a written agreement in which—
(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;
(22)
The term “financial institution” means—
(A)
a Federal reserve bank, or an entity that is a commercial or savings bank, industrial savings bank, savings and loan association, trust company, federally-insured credit union, or receiver, liquidating agent, or conservator for such entity and, when any such Federal reserve bank, receiver, liquidating agent, conservator or entity is acting as agent or custodian for a customer (whether or not a “customer”, as defined in section
741) in connection with a securities contract (as defined in section
741) such customer; or
(B)
in connection with a securities contract (as defined in section
741) an investment company registered under the Investment Company Act of 1940.
(22A)
The term “financial participant” means—
(A)
an entity that, at the time it enters into a securities contract, commodity contract, swap agreement, repurchase agreement, or forward contract, or at the time of the date of the filing of the petition, has one or more agreements or transactions described in paragraph (1), (2), (3), (4), (5), or (6) of section
561
(a) with the debtor or any other entity (other than an affiliate) of a total gross dollar value of not less than $1,000,000,000 in notional or actual principal amount outstanding (aggregated across counterparties) at such time or on any day during the 15-month period preceding the date of the filing of the petition, or has gross mark-to-market positions of not less than $100,000,000 (aggregated across counterparties) in one or more such agreements or transactions with the debtor or any other entity (other than an affiliate) at such time or on any day during the 15-month period preceding the date of the filing of the petition; or
(23)
The term “foreign proceeding” means a collective judicial or administrative proceeding in a foreign country, including an interim proceeding, under a law relating to insolvency or adjustment of debt in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation.
(24)
The term “foreign representative” means a person or body, including a person or body appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of such foreign proceeding.
(25)
The term “forward contract” means—
(A)
a contract (other than a commodity contract, as defined in section
761) for the purchase, sale, or transfer of a commodity, as defined in section
761
(8) of this title, or any similar good, article, service, right, or interest which is presently or in the future becomes the subject of dealing in the forward contract trade, or product or byproduct thereof, with a maturity date more than two days after the date the contract is entered into, including, but not limited to, a repurchase or reverse repurchase transaction (whether or not such repurchase or reverse repurchase transaction is a “repurchase agreement”, as defined in this section) [1] consignment, lease, swap, hedge transaction, deposit, loan, option, allocated transaction, unallocated transaction, or any other similar agreement;
(D)
a master agreement that provides for an agreement or transaction referred to in subparagraph (A), (B), or (C), together with all supplements to any such master agreement, without regard to whether such master agreement provides for an agreement or transaction that is not a forward contract under this paragraph, except that such master agreement shall be considered to be a forward contract under this paragraph only with respect to each agreement or transaction under such master agreement that is referred to in subparagraph (A), (B), or (C); or
(E)
any security agreement or arrangement, or other credit enhancement related to any agreement or transaction referred to in subparagraph (A), (B), (C), or (D), including any guarantee or reimbursement obligation by or to a forward contract merchant or financial participant in connection with any agreement or transaction referred to in any such subparagraph, but not to exceed the damages in connection with any such agreement or transaction, measured in accordance with section
562.
(26)
The term “forward contract merchant” means a Federal reserve bank, or an entity the business of which consists in whole or in part of entering into forward contracts as or with merchants in a commodity (as defined in section
761) or any similar good, article, service, right, or interest which is presently or in the future becomes the subject of dealing in the forward contract trade.
(27)
The term “governmental unit” means United States; State; Commonwealth; District; Territory; municipality; foreign state; department, agency, or instrumentality of the United States (but not a United States trustee while serving as a trustee in a case under this title), a State, a Commonwealth, a District, a Territory, a municipality, or a foreign state; or other foreign or domestic government.
(27A)
The term “health care business”—
(A)
means any public or private entity (without regard to whether that entity is organized for profit or not for profit) that is primarily engaged in offering to the general public facilities and services for—
(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;
(28)
The term “indenture” means mortgage, deed of trust, or indenture, under which there is outstanding a security, other than a voting-trust certificate, constituting a claim against the debtor, a claim secured by a lien on any of the debtor’s property, or an equity security of the debtor.
(30)
The term “individual with regular income” means individual whose income is sufficiently stable and regular to enable such individual to make payments under a plan under chapter
13 of this title, other than a stockbroker or a commodity broker.
(31)
The term “insider” includes—
(32)
The term “insolvent” means—
(A)
with reference to an entity other than a partnership and a municipality, financial condition such that the sum of such entity’s debts is greater than all of such entity’s property, at a fair valuation, exclusive of—
(33)
The term “institution-affiliated party”—
(34)
The term “insured credit union” has the meaning given it in section 101(7) of the Federal Credit Union Act.
(35A)
The term “intellectual property” means—
to the extent protected by applicable nonbankruptcy law.
(36)
The term “judicial lien” means lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.
(37)
The term “lien” means charge against or interest in property to secure payment of a debt or performance of an obligation.
(38)
The term “margin payment” means, for purposes of the forward contract provisions of this title, payment or deposit of cash, a security or other property, that is commonly known in the forward contract trade as original margin, initial margin, maintenance margin, or variation margin, including mark-to-market payments, or variation payments.
(38A)
The term “master netting agreement”—
(A)
means an agreement providing for the exercise of rights, including rights of netting, setoff, liquidation, termination, acceleration, or close out, under or in connection with one or more contracts that are described in any one or more of paragraphs (1) through (5) of section
561
(a), or any security agreement or arrangement or other credit enhancement related to one or more of the foregoing, including any guarantee or reimbursement obligation related to 1 or more of the foregoing; and
(B)
if the agreement contains provisions relating to agreements or transactions that are not contracts described in paragraphs (1) through (5) of section
561
(a), shall be deemed to be a master netting agreement only with respect to those agreements or transactions that are described in any one or more of paragraphs (1) through (5) of section
561
(a).
(38B)
The term “master netting agreement participant” means an entity that, at any time before the date of the filing of the petition, is a party to an outstanding master netting agreement with the debtor.
(39A)
The term “median family income” means for any year—
(A)
the median family income both calculated and reported by the Bureau of the Census in the then most recent year; and
(B)
if not so calculated and reported in the then current year, adjusted annually after such most recent year until the next year in which median family income is both calculated and reported by the Bureau of the Census, to reflect the percentage change in the Consumer Price Index for All Urban Consumers during the period of years occurring after such most recent year and before such current year.
(40)
The term “municipality” means political subdivision or public agency or instrumentality of a State.
(40A)
The term “patient” means any individual who obtains or receives services from a health care business.
(40B)
The term “patient records” means any record relating to a patient, including a written document or a record recorded in a magnetic, optical, or other form of electronic medium.
(41)
The term “person” includes individual, partnership, and corporation, but does not include governmental unit, except that a governmental unit that—
(B)
is a guarantor of a pension benefit payable by or on behalf of the debtor or an affiliate of the debtor; or
(C)
is the legal or beneficial owner of an asset of—
(i)
an employee pension benefit plan that is a governmental plan, as defined in section 414(d) of the Internal Revenue Code of 1986; or
(ii)
an eligible deferred compensation plan, as defined in section 457(b) of the Internal Revenue Code of 1986;
shall be considered, for purposes of section
1102 of this title, to be a person with respect to such asset or such benefit.
(41A)
The term “personally identifiable information” means—
(A)
if provided by an individual to the debtor in connection with obtaining a product or a service from the debtor primarily for personal, family, or household purposes—