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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-07-25
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/* The U.S.Bankruptcy Code is a monumental work; in 1981 a new,
more flexible bankruptcy system replaced the 1930's era
Bankruptcy Act. However, the bankruptcy code is truly a code--
that is words and symbols that have a hidden meaning. Section 101
is vital to the understanding and intelligent use of the Code. If
any word, which is defined in Section 101 is used later in the
code, it does not have its dictionary or common meaning-- it has
the meaning provided in section 101. Therefore, frequent
cross-reference is necessary.
Due to its length we have split the code in subsections. This
part contains Chapter 1 of the code. */
BANKRUPTCY CODE
CHAPTER I - General Provisions
SECTION 101 (11 U.S.C. 101)
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
(I)) entity that operates the business or substantially all
of the property of the debtor under a lease or operating
agreement;
3) "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;
(4) "attorney" means attorney, professional law
association, corporation, or partnership, authorized under
applicable law to practice law;
(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;
/* One of the most important sections of the code. The Bankruptcy
Code was designed to deal with all potential and actual claims;
whereas the Bankruptcy Act did not deal with contingent, or in
some cases, unliquidated claims. */
(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(9) 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 S41(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-
receiver or trustee of any of the property of the debtor,
appointed in a case or proceeding not under this title;
(13) 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;
/* This section of the definitions is a compound one; debt is
defined in reference to the defined term of "claim". Tricky,
huh? */
(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;
/* Again a compound definition-- insider, equity security holder
and creditor are all defined terms. */
(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;
/* Contrast the term entity with the term person. */
(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 warrant or right, other th