11 U.S. Code § 101 - Definitions
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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—
(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;
(42)
The term “petition” means petition filed under section
301,
302,
303 and
[2]
1504 of this title, as the case may be, commencing a case under this title.
(42A)
The term “production payment” means a term overriding royalty satisfiable in cash or in kind—
(43)
The term “purchaser” means transferee of a
voluntary transfer, and includes immediate or mediate transferee of such
a transferee.
(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.
(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.
(46)
The term “repo participant” means an entity
that, at any time before the filing of the petition, has an outstanding
repurchase agreement with the debtor.
(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;
(iv)
a master agreement that provides
for an agreement or transaction referred to in clause (i), (ii), or
(iii), together with all supplements to any such master agreement,
without regard to whether such master agreement provides for an
agreement or transaction that is not a repurchase agreement under this
paragraph, except that such master agreement shall be considered to be a
repurchase agreement under this paragraph only with respect to each
agreement or transaction under the master agreement that is referred to
in clause (i), (ii), or (iii); or
(v)
any security agreement or
arrangement or other credit enhancement related to any agreement or
transaction referred to in clause (i), (ii), (iii), or (iv), including
any guarantee or reimbursement obligation by or to a repo participant or
financial participant in connection with any agreement or transaction
referred to in any such clause, but not to exceed the damages in
connection with any such agreement or transaction, measured in
accordance with section
562 of this title; and
(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.
(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.
(49)
The term “security”—
(A)
includes—
(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;
(B)
does not include—
(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
(50)
The term “security agreement” means agreement that creates or provides for a security interest.
(51A)
The term “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)
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.
(51C)
The term “small business case” means a case filed under chapter
11 of this title in which the debtor is a small business debtor.
(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 filing 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
(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.
(53)
The term “statutory lien” means lien
arising solely by force of a statute on specified circumstances or
conditions, or lien of distress for rent, whether or not statutory, but
does not include security interest or judicial lien, whether or not such
interest or lien is provided by or is dependent on a statute and
whether or not such interest or lien is made fully effective by statute.
(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)
any agreement or transaction that is similar to any other agreement or transaction referred to in this paragraph and that—
(I)
is of a type that has been, is
presently, or in the future becomes, the subject of recurrent dealings
in the swap or other derivatives markets (including terms and conditions
incorporated by reference therein); and
(II)
is a forward, swap, future,
option, or spot transaction on one or more rates, currencies,
commodities, equity securities, or other equity instruments, debt
securities or other debt instruments, quantitative measures associated
with an occurrence, extent of an occurrence, or contingency associated
with a financial, commercial, or economic consequence, or economic or
financial indices or measures of economic or financial risk or value;
(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 master agreement contains an agreement or
transaction that is not a swap agreement under this paragraph, except
that the master agreement shall be considered to be a swap agreement
under this paragraph only with respect to each agreement or transaction
under the master agreement that is referred to in clause (i), (ii),
(iii), or (iv); or
(vi)
any security agreement or
arrangement or other credit enhancement related to any agreements or
transactions referred to in clause (i) through (v), including any
guarantee or reimbursement obligation by or to a swap participant or
financial participant in connection with any agreement or transaction
referred to in any such clause, but not to exceed the damages in
connection with any such agreement or transaction, measured in
accordance with section
562; and
(B)
is applicable for purposes of this
title only, and shall not be construed or applied so as to challenge or
affect the characterization, definition, or treatment of any swap
agreement under any other statute, regulation, or rule, including the
Gramm-Leach-Bliley Act, the Legal Certainty for Bank Products Act of
2000, the securities laws (as such term is defined in section 3(a)(47)
of the Securities Exchange Act of 1934) and the Commodity Exchange Act.
(53C)
The term “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]
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.
(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.
(54A)
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.
(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.
[1] So in original. Probably should be followed by a comma.
[2] So in original. Probably should be “or”. See 2010 Amendment note below.
[3] So in original.
Source
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2549; Pub. L. 97–222, § 1,July 27, 1982, 96 Stat. 235; Pub. L. 98–353, title III, §§ 391,
401,
421,July 10, 1984, 98 Stat. 364, 366, 367; Pub. L. 99–554, title II, §§ 201,
251,
283(a),Oct. 27, 1986, 100 Stat. 3097, 3104, 3116; Pub. L. 100–506, § 1(a),Oct. 18, 1988, 102 Stat. 2538; Pub. L. 100–597, § 1,Nov. 3, 1988, 102 Stat. 3028; Pub. L. 101–311, title I, § 101, title II, § 201,June 25, 1990, 104 Stat. 267, 268; Pub. L. 101–647, title XXV, § 2522(e),Nov. 29, 1990, 104 Stat. 4867; Pub. L. 102–486, title XXX, § 3017(a),Oct. 24, 1992, 106 Stat. 3130; Pub. L. 103–394, title I, § 106, title II, §§ 208(a),
215,
217(a),
218(a), title III, § 304(a), title V, § 501(a), (b)(1), (d)(1),Oct. 22, 1994, 108 Stat. 4111, 4124, 4126–4128, 4132, 4141–4143; Pub. L. 106–554, § 1(a)(5) [title I, § 112(c)(3), (4)], Dec. 21, 2000, 114 Stat. 2763, 2763A–393, 2763A–394; Pub. L. 109–8, title I, § 102(b), (k), title II, §§ 211,
226(a),
231(b), title III, § 306(c), title IV, §§ 401(a),
414,
432(a), title VIII, § 802(b), title IX, § 907(a)(1), (b), (c), title X, §§ 1004,
1005,
1007(a), title XI, § 1101(a), (b), title XII, § 1201,Apr. 20, 2005, 119 Stat. 32, 35, 50, 66, 73, 80, 104, 107, 110, 145, 170, 175, 186, 187, 189, 192; Pub. L. 109–390, § 5(a)(1),Dec. 12, 2006, 120 Stat. 2695; Pub. L. 111–327, § 2(a)(1),Dec. 22, 2010, 124 Stat. 3557.)
Adjustment of Dollar Amounts
For adjustment of certain dollar amounts specified in this section, that is not reflected in text, see Adjustment of Dollar Amounts note below.
Historical and Revision Notes
legislative statements
Section
101
(2)
defines “affiliate.” The House amendment contains a provision that is a
compromise between the definition in the House-passed version of H.R. 8200 and the Senate amendment in the nature of a substitute to H.R. 8200.
Subparagraphs (A) and (B) are derived from the Senate amendment and
subparagraph (D) is taken from the House bill, while subparagraph (C)
represents a compromise, taking the House position with respect to a
person whose business is operated under a lease or an operating
agreement by the debtor and with respect to a person substantially all
of whose property is operated under an operating agreement by the debtor
and with respect to a person substantially all of whose property is
operated under an operating agreement by the debtor and the Senate
position on leased property. Thus, the definition of “affiliate”
excludes persons substantially all of whose property is operated under a
lease agreement by a debtor, such as a small company which owns
equipment all of which is leased to a larger nonrelated company.
Section
101
(4)(B)
represents a modification of the House-passed bill to include the
definition of “claim” a right to an equitable remedy for breach of
performance if such breach gives rise to a right to payment. This is
intended to cause the liquidation or estimation of contingent rights of
payment for which there may be an alternative equitable remedy with the
result that the equitable remedy will be susceptible to being discharged
in bankruptcy. For example, in some States, a judgment for specific
performance may be satisfied by an alternative right to payment, in the
event performance is refused; in that event, the creditor entitled to
specific performance would have a “claim” for purposes of a proceeding
under title 11.
On the other hand, rights to an equitable
remedy for a breach of performance with respect to which such breach
does not give rise to a right to payment are not “claims” and would
therefore not be susceptible to discharge in bankruptcy.
In a case under chapter 9 to title 11,
“claim” does not include a right to payment under an industrial
development bond issued by a municipality as a matter of convenience for
a third party.
Municipalities are authorized, under
section 103(c) of the Internal Revenue Code of 1954, as amended [title
26], to issue tax-exempt industrial development revenue bonds to provide
for the financing of certain projects for privately owned companies.
The bonds are sold on the basis of the credit of the company on whose
behalf they are issued, and the principal, interest, and premium, if
any, are payable solely from payments made by the company to the trustee
under the bond indenture and do not constitute claims on the tax
revenues or other funds of the issuing municipalities. The municipality
merely acts as the vehicle to enable the bonds to be issued on a
tax-exempt basis. Claims that arise by virtue of these bonds are not
among the claims defined by this paragraph and amounts owed by private
companies to the holders of industrial development revenue bonds are not
to be included among the assets of the municipality that would be
affected by the plan.
Section
101
(6)
defines “community claim” as provided by the Senate amendment in order
to indicate that a community claim exists whether or not there is
community property in the estate as of the commencement of the case.
Section 101(7) of the House amendment
contains a definition of consumer debt identical to the definition in
the House bill and Senate amendment. A consumer debt does not include a
debt to any extent the debt is secured by real property.
Section 101(9) of the Senate amendment
contained a definition of “court.” The House amendment deletes the
provision as unnecessary in light of the pervasive jurisdiction of a
bankruptcy court under all chapters of title 11 as indicated in title II
of the House amendment to H.R. 8200.
Section
101
(11) defines “debt” to mean liability on a claim, as was contained in the House-passed version of H.R. 8200.
The Senate amendment contained language indicating that “debt” does not
include a policy loan made by a life insurance company to the debtor.
That language is deleted in the House amendment as unnecessary since a
life insurance company clearly has no right to have a policy loan repaid
by the debtor, although such company does have a right of offset with
respect to such policy loan. Clearly, then, a “debt” does not include a
policy loan made by a life insurance company. Inclusion of the language
contained in the Senate amendment would have required elaboration of
other legal relationships not arising by a liability on a claim. Further
the language would have required clarification that interest on a
policy loan made by a life insurance company is a debt, and that the
insurance company does have right to payment to that interest.
Section
101
(14) adopts the definition of “entity” contained in the Senate-passed version of H.R. 8200. Since the Senate amendment to H.R. 8200
deleted the U.S. trustee, a corresponding definitional change is made
in chapter 15 of the House amendment for U.S. trustees under the pilot
program. Adoption by the House amendment of a pilot program for U.S.
trustees under chapter 15 requires insertion of “United States trustee”
in many sections. Several provisions in chapter 15 of the House
amendment that relate to the U.S. trustee were not contained in the
Senate amendment in the nature of a substitute.
Section
101
(17) defines “farmer,” as in the Senate amendment with an income limitation percentage of 80 percent instead of 75 percent.
Section
101
(18)
contains a new definition of “farming operation” derived from present
law and the definition of “farmer” in the Senate amendment. This
definition gives a broad construction to the term “farming operation”.
Section
101
(20)
contains a definition of “foreign representative”. It clarifies the
House bill and Senate amendment by indicating that a foreign
representative must be duly selected in a foreign proceeding.
Section
101
(35) defines “security” as contained in the Senate amendment. H.R. 8200 as adopted by the House excluded certain commercial notes from the definition of “security”, and that exclusion is deleted.
Section
101
(40) defines “transfer” as in the Senate amendment. The definition contained in H.R. 8200
as passed by the House included “setoff” in the definition of
“transfer”. Inclusion of “setoff” is deleted. The effect is that a
“setoff” is not subject to being set aside as a preferential “transfer”
but will be subject to special rules.
senate report no. 95–989
Paragraph (1) defines “accountant” as an
accountant authorized under applicable law to practice accounting. The
term includes a professional accounting association, corporation, or
partnership if applicable law authorizes such a unit to practice
accounting.
Paragraph (2) defines “affiliate.” An
affiliate is an entity with a close relationship to the debtor. It
includes a 20 percent parent or subsidiary of the debtor, whether a
corporate, partnership, individual, or estate parent.
The use of “directly or indirectly” in
subparagraphs (A) and (B) is intended to cover situations in which there
is an opportunity to control, and where the existence of that
opportunity operates as indirect control.
“Affiliate” is defined primarily for use
in the definition of insider, infra, and for use in the chapter 11
reorganization cases. The definition of “affiliate” does not include an
entity acting in a fiduciary or agency capacity if the entity does not
have the sole discretionary power to vote 20 percent of the voting
securities but hold them solely as security and have not exercised the
power to vote. This restriction applies to a corporate affiliate under
subparagraph (B) of paragraph (2).
Subsections (C) and (D) of paragraph (2)
define affiliate also as those persons and entities whose business or
substantially all of whose property is operated under a lease or
operating agreement by a debtor and whose business or property is more
than 50 percent under the control of the debtor.
The definition of “attorney” in paragraph (3) is similar to the definition of accountant.
Paragraph (4) defines “claim.” The effect
of the definition is a significant departure from present law. Under
present law, “claim” is not defined in straight bankruptcy. Instead it
is simply used, along with the concept of provability in section 63 of
the Bankruptcy Act [section 103 of former title 11], to limit the kinds
of obligations that are payable in a bankruptcy case. The term is
defined in the debtor rehabilitation chapters of present law far more
broadly. The definition in paragraph (4) adopts an even broader
definition of claim than is found in the present debtor rehabilitation
chapters. The definition is any right to payment, whether or not reduced
to judgment, liquidated, unliquidated, fixed, contingent, matured,
unmatured, disputed, undisputed, legal, equitable, secured, or
unsecured. The definition also includes as a claim an equitable right to
performance that does not give rise to a right to payment. By this
broadest possible definition and by the use of the term throughout the
title 11, especially in subchapter I of chapter 5, the bill contemplates
that all legal obligations of the debtor, no matter how remote or
contingent, will be able to be dealt with in the bankruptcy case. It
permits the broadest possible relief in the bankruptcy court.
Paragraph (5) defines “commodity broker”
by reference to various terms used and defined in subchapter IV of
chapter 7, Commodity Broker Liquidation. The terms are described in
connection with section
761, infra.
Paragraph (6) defines “community claim”
for those eight States that have community property laws. The definition
is keyed to the liability of the debtor’s property for a claim against
either the debtor or the debtor’s spouse. If the debtor’s property is
liable for a claim against either, that claim is a community claim.
Paragraph (7) defines “consumer debt”. The
definition is adapted from the definition used in various consumer
protection laws. It encompasses only a debt incurred by an individual
primarily for a personal, family, or household purpose.
The definition of “corporation” in
paragraph (8) is similar to the definition in current law, section
1(8) [section 1(8) of former title 11]. The term encompasses any
association having the power or privilege that a private corporation,
but not an individual or partnership, has; partnership associations
organized under a law that makes only the capital subscribed responsible
for the debts of the partnership; joint-stock company; unincorporated
company or association; and business trust. “Unincorporated association”
is intended specifically to include a labor union, as well as other
bodies that come under that phrase as used under current law. The
exclusion of limited partnerships is explicit, and not left to the case
law.
Paragraph (9) defines “court” as the
bankruptcy judge in the district in which the case is pending except in
municipal adjustment and railroad reorganization cases, where “court”
means the Federal district judge.
Paragraph (10) [enacted as (9)] defines
“creditor” to include holders of prepetition claims against the debtor.
However, it also encompasses certain holders of claims that are deemed
to arise before the date of the filing of the petition, such as those
injured by the rejection of an executory contract or unexpired lease,
certain investment tax credit recapture claim holders, “involuntary gap”
creditors, and certain holders of the right of setoff. The term also
includes the holder of a prepetition community claim. A guarantor of or
surety for a claim against the debtor is also a creditor, because he
holds a contingent claim against the debtor that becomes fixed when he
pays the creditor whose claim he has guaranteed or insured.
Paragraph (11) [enacted as (10)] defines
“custodian.” There is no similar definition in current law. It is
defined to facilitate drafting, and means a prepetition liquidator of
the debtor’s property, such as an assignee for the benefit of creditors,
a receiver of the debtor’s property, or administrator of the debtor’s
property. The definition of custodian to include a receiver or trustee
is descriptive, and not meant to be limited to court officers with those
titles. The definition is intended to include other officers of the
court if their functions are substantially similar to those of a
receiver or trustee.
“Debt” is defined in paragraph (12)
[enacted as (11)] as a liability on a claim. The terms “debt” and
“claim” are coextensive: a creditor has a “claim” against the debtor;
the debtor owes a “debt” to the creditor. This definition of “debt” and
the definition of “claim” on which it is based, proposed 11 U.S.C. 101
(4),
does not include a transaction such as a policy loan on an insurance
policy. Under that kind of transaction, the debtor is not liable to the
insurance company for repayment; the amount owed is merely available to
the company for setoff against any benefits that become payable under
the policy. As such, the loan is not a claim (it is not a right to
payment) that the company can assert against the estate; nor is the
debtor’s obligation a debt (a liability on a claim) that will be
discharged under proposed 11 U.S.C. 523 or 524.
Paragraph (13) [enacted as (12)] defines
“debtor.” Debtor means person or municipality concerning which a case
under title II has been commenced. This is a change in terminology from
present law, which identifies the person by or against whom a petition
is filed in a straight bankruptcy liquidation case as the “bankrupt”,
and a person or municipality that is proceeding under a debtor
rehabilitation chapter (chapters VIII through XIII of the Bankruptcy
Act) [chapters 8 through 13 of former title 11] as a “debtor.” The term
“debtor” is used for both kinds of cases in this bill, for ease of
reference in chapters 1, 3, and 5 (which apply to straight bankruptcy
and reorganization cases).
Paragraph (14) [enacted as (13)] defines
“disinterested person.” The definition is adapted from section 158 of
chapter X of current law [section 558 of former title 11], though it is
expanded and modified in some respects. A person is a disinterested
person if the person is not a creditor, equity security holder, or
insider; is not and was not an investment banker of the debtor for any
outstanding security of the debtor (the change from underwriter in
current law to investment banker is to make the term more descriptive
and to avoid conflict with the definition of underwriter in section
2(11) of the Securities Act of 1933 (15 U.S.C. 77b
(11));
has not been an investment banker for a security of the debtor within 3
years before the date of the filing of the petition (the change from
five years to three years here conforms the definition with the statute
of limitations in the Securities Act of 1933) [15 U.S.C. 77m],
or an attorney for such an investment banker; is not an insider of the
debtor or of such an investment banker; and does not have an interest
materially adverse to the estate.
“Entity” is defined, for convenience, in
paragraph (15) [enacted as (14)], to include person, estate, trust, and
governmental unit. It is the most inclusive of the various defined terms
relating to bodies or units.
Paragraph (16) defines “equity security.”
The term includes a share or stock in a corporation, a limited partner’s
interest in a limited partnership, and a warrant or right to subscribe
to an equity security. The term does not include a security, such as a
convertible debenture, that is convertible into equity security, but has
not been converted.
Paragraph (17) [enacted as (15)] defines
“equity security holder” for convenience as the holder of an equity
securing of the debtor.
Paragraph (18) [enacted as (17)] defines
“farmer”. It encompasses only those persons for whom farming operations
contribute 75 percent or more of their total income.
Paragraphs (19) and (20) define “foreign
proceeding” and “foreign representative”. A foreign proceeding is a
proceeding in another country in which the debtor has some substantial
connection for the purpose of liquidating the estate of the debtor or
the purpose of financial rehabilitation of the debtor. A foreign
representative is the representative of the estate in a foreign
proceeding, such as a trustee or administrator.
Paragraph (21) defines “governmental unit”
in the broadest sense. The definition encompasses the United States, a
State, Commonwealth, District, Territory, municipality, or foreign
state, and a department, agency, or instrumentality of any of those
entities. “Department, agency, or instrumentality” does not include an
entity that owes its existence to State action, such as the granting of a
charter or a license but that has no other connection with a State or
local government or the Federal Government. The relationship must be an
active one in which the department, agency, or instrumentality is
actually carrying out some governmental function.
Paragraph (22) defines “indenture.” It is similar to the definition of indenture in the Trust Indenture Act of 1939 [15 U.S.C. 77ccc
(7)]. An indenture is the instrument under which securities, either debt or equity, of the debtor are outstanding.
Paragraph (23) defines “indenture trustee” as the trustee under an indenture.
Paragraph (24) defines “individual with regular income.” The effect of this definition, and of its use in section
109
(e),
is to expand substantially the kinds of individuals that are eligible
for relief under chapter 13, Adjustment of Debts of an Individual with
Regular Income. Chapter XIII [chapter 13 of former title 11] is now
available only for wage earners. The definition encompasses all
individuals with incomes that are sufficiently stable and regular to
enable them to make payments under a chapter 13 plan. Thus, individuals
on welfare, social security, fixed pension incomes, or who live on
investment incomes, will be able to work out repayment plans with their
creditors rather than being forced into straight bankruptcy. Also,
self-employed individuals will be eligible to use chapter 13 if they
have regular incomes.
However, the definition excludes certain
stockbrokers and commodity brokers, in order to prohibit them from
proceeding under chapter 13 and avoiding the customer protection
provisions of chapter 7.
“Insider”, defined in paragraph (25), is a
new term. An insider is one who has a sufficiently close relationship
with the debtor that his conduct is made subject to closer scrutiny than
those dealing at arms length with the debtor. If the debtor is an
individual, then a relative of the debtor, a partnership in which the
debtor is a general partner, a general partner of the debtor, and a
corporation controlled by the debtor are all insiders. If the debtor is a
corporation, then a controlling person, a relative of a controlling
person, a partnership in which the debtor is a general partner, and a
general partner of the debtor are all insiders. If the debtor is a
partnership, then a general partner of or in the debtor, a relative of a
general partner in the debtor, and a person in control are all
insiders. If the debtor is a municipality, then an elected official of
the debtor is an insider. In addition, affiliates of the debtor and
managing agents are insiders.
The definition of “insolvent” in paragraph
(26) is adopted from section 1(19) of current law [section 1(19) of
former title 11]. An entity is insolvent if its debts are greater than
its assets, at a fair valuation, exclusive of property exempted or
fraudulently transferred. It is the traditional bankruptcy balance sheet
test of insolvency. For a partnership, the definition is modified to
account for the liability of a general partner for the partnership’s
debts. The difference in this definition from that in current law is in
the exclusion of exempt property for all purposes in the definition of
insolvent.
Paragraph (27) defines “judicial lien.” It
is one of three kinds of liens defined in this section. A judicial lien
is a lien obtained by judgment, levy, sequestration, or other legal or
equitable process or proceeding.
Paragraph (28) defines “lien.” The
definition is new and is very broad. A lien is defined as a charge
against or interest in property to secure payment of a debt or
performance of an obligation. It includes inchoate liens. In general,
the concept of lien is divided into three kinds of liens: judicial
liens, security interests, and statutory liens. Those three categories
are mutually exclusive and are exhaustive except for certain common law
liens.
Paragraph (29) defines “municipality.” The
definition is adapted from the terms used in the chapter IX (municipal
bankruptcy) [chapter 9 of former title 11] amendment to the Bankruptcy
Act enacted in 1976 (Pub. L. 94–260).
That amendment spoke in terms of “political subdivision or public
agency or instrumentality of a State”. Bankruptcy Act Sec.
84 [section 404 of former title 11]. The term municipality is defined by
those three terms for convenience. It does not include the District of
Columbia or any territories of the United States.
“Person” is defined in paragraph (30). The
definition is a change in wording, but not in substance, from the
definition in section 1(23) of the Bankruptcy Act [section 1(23) of
former title 11]. The definition is also similar to the one contained in
1 U.S.C. sec. 1,
but is repeated here for convenience and ease of reference. Person
includes individual partnership, and corporation. The exclusion of
governmental units is made explicit in order to avoid any confusion that
may arise if, for example, a municipality is incorporated and thus is
legally a corporation as well as governmental unit. The definition does
not include an estate or a trust, which are included only in the
definition of “entity” in proposed 11 U.S.C. 101
(14).
“Petition” is defined for convenience in
paragraph (31). Petition is a petition under section 301, 302, 303, or
304 of the bankruptcy code—that is, a petition that commences a case
under title 11.
Paragraph (32) defines purchaser as a
transferee of a voluntary transfer, such as a sale or gift, and includes
an immediate or mediate transferee of a purchaser.
The definition of “railroad” in paragraph
(33) is derived from section 77 of the Bankruptcy Act [section 205 of
former title 11]. A railroad is a common carrier by railroad engaged in
the transportation of individuals or property, or an owner of trackage
facilities leased by such a common carrier. The effect of the definition
and the use of the term in section
109
(d)
is to eliminate the limitation now found in section 77 of the
Bankruptcy Act that only railroads engaged in interstate commerce may
proceed under the railroad reorganization provisions. The limitation may
have been inserted because of a doubt that the commerce power could not
reach intrastate railroads. Be that as it may, this bill is enacted
under the bankruptcy power.
Paragraph (34) defines “relative” as an
individual related by affinity or consanguinity within the third degree
as determined by the common law, and includes individuals in a step or
adoptive relationship. The definition is similar to current law, but
adds the latter phrase. This definition should be applied as of the time
when the transaction that it concerns took place. Thus, a former spouse
is not a relative, but if, for example, for purposes of the preference
section, proposed 11 U.S.C. 547
(b)(4)(B),
the transferee was a spouse of the debtor at the time of the transfer
sought to be avoided, then the transferee would be relative and subject
to the insider rules, even if the transferee was no longer married to
the debtor at the time of the commencement of the case or at the time of
the commencement of the preference recovery proceeding.
Paragraph (35) defines “security.” The
definition is new and is modeled on the most recent draft of the
American Law Institute’s proposed securities code, with some exceptions.
The interest of a limited partner in a limited partnership is included
in order to make sure that everything that is defined as an equity
security is also a “security.” The definition, as with the definition of
“entity”, “insider”, and “person”, is open-ended because the term is
not susceptible of precise specification. Thus the courts will be able
to use the characterization provided in this definition to treat with
new kinds of documents on a flexible basis.
Paragraphs (36) and (37) defined “security
agreement” and “security interest.” A security interest is one of the
kinds of liens. It is a lien created by an agreement. Security agreement
is defined as the agreement creating the security interest. Though
these terms are similar to the same terms in the Uniform Commercial
Code, article IX, they are broader. For example, the U.C.C. does not
cover real property mortgages. Under this definition, such a mortgage is
included, as are all other liens created by agreement, even though not
covered by the U.C.C. All U.C.C. security interests and security
agreements are, however, security interests and security agreements
under this definition. Whether a consignment or a lease constitutes a
security interest under the bankruptcy code will depend on whether it
constitutes a security interest under applicable State or local law.
Paragraph (38) defines another kind of
lien, “statutory lien.” The definition, derived from current law, states
that a statutory lien is a lien arising solely by force of statute on
specified circumstances or conditions and includes a lien of distress
for rent (whether statutory, common law, or otherwise). The definition
excludes judicial liens and security interests, whether or not they are
provided for or are dependent on a statute, and whether or not they are
made fully effective by statute. A statutory lien is only one that
arises automatically, and is not based on an agreement to give a lien or
on judicial action. Mechanics’, materialmen’s, and warehousemen’s liens
are examples. Tax liens are also included in the definition of
statutory lien.
“Stockbroker” is defined in paragraph (39)
as a person engaged in the business of effecting transactions in
securities for the account of others or with members of the general
public from or for such person’s own account, if the person has a
customer, as defined. Thus, the definition, derived from a combination
of the definitions of “broker” and “dealer” in the Securities Exchange
Act of 1934 [15 U.S.C. 78c], encompasses both brokers and dealers. The definition is used in section
109
and in subchapter III of chapter 7, Stockholder Liquidation. The term
does not encompass an employee who acts for a principal that “effects”
transaction or deals with the public, because such an employee will not
have a “customer”.
Paragraph (40) defines “transfer.” It is
derived and adapted, with stylistic changes, from section 1(30) of the
Bankruptcy Act [section 1(30) of former title 11]. A transfer is a
disposition of an interest in property. The definition of transfer is as
broad as possible. Many of the potentially limiting words in current
law are deleted, and the language is simplified. Under this definition,
any transfer of an interest in property is a transfer, including a
transfer of possession, custody, or control even if there is no transfer
of title, because possession, custody, and control are interests in
property. A deposit in a bank account or similar account is a transfer.
References in Text
The Social Security Act, referred to in par. (10A)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620,
which is classified generally to chapter 7 (§ 301 et seq.) of
Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see section
1305 of Title
42 and Tables.
The Internal Revenue Code of 1986,
referred to in pars. (12A)(B) and (41)(C), is classified generally to
Title 26, Internal Revenue Code.
Section 3 of the Federal Deposit Insurance
Act, referred to in pars. (12A)(D), (21B)(A), (33)(A), (35)(A), and
(54A), is classified to section
1813 of Title
12, Banks and Banking.
Sections 101 and 206(r) of the Federal
Credit Union Act, referred to in pars. (12A)(D), (33)(B), and (34), are
classified to sections
1752 and
1786
(r), respectively, of Title
12, Banks and Banking.
The Investment Company Act of 1940, referred to in par. (22)(B), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, which is classified generally to subchapter I (§ 80a–1 et seq.) of chapter
2D of Title
15, Commerce and Trade. For complete classification of this Act to the Code, see section
80a–51 of Title
15 and Tables.
Section 402 of the Federal Deposit
Insurance Corporation Improvement Act of 1991, referred to in par.
(22A)(B), is classified to section
4402 of Title
12, Banks and Banking.
The Securities Exchange Act of 1934, referred to in pars. (47)(A)(i), (48), (48A), and (53B)(B), is act June 6, 1934, ch. 404, 48 Stat. 881,
which is classified principally to chapter 2B (§ 78a et seq.) of
Title 15, Commerce and Trade. Sections 3, 6, 15A, and 17A of the Act are
classified to sections
78c,
78f,
78o–3 and
78q–1, respectively, of Title
15. For complete classification of this Act to the Code, see section
78a of Title
15 and Tables.
The Securities Act of 1933, referred to in par. (49)(A)(xii), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, which is classified generally to subchapter I (§ 77a et seq.) of chapter
2A of Title
15, Commerce and Trade. Section 3(b) of the Act is classified to section
77c
(b) of Title
15. For complete classification of this Act to the Code, see section
77a of Title
15 and Tables.
The Gramm-Leach-Bliley Act, referred to in par. (53B)(B), is Pub. L. 106–102, Nov. 12, 1999, 113 Stat. 1338. For complete classification of this Act to the Code, see Short Title of 1999 Amendment note set out under section
1811 of Title
12, Banks and Banking, and Tables.
The Legal Certainty for Bank Products Act of 2000, referred to in par. (53B)(B), is title IV of H.R. 5660, as enacted by Pub. L. 106–554, § 1(a)(5),Dec. 21, 2000, 114 Stat. 2763, 2763A–457, which is classified to sections
27 to
27f of Title
7, Agriculture. For complete classification of this Act to the
Code, see Short Title of 2000 Amendment note set out under section
1 of Title
7 and Tables.
The Commodity Exchange Act, referred to in par. (53B)(B), is act Sept. 21, 1922, ch. 369, 42 Stat. 998,
which is classified generally to chapter 1 (§ 1 et seq.) of Title
7, Agriculture. For complete classification of this Act to the Code, see
section
1 of Title
7 and Tables.
Amendments
2010—Par. (13A)(A). Pub. L. 111–327, § 2(a)(1)(A)(i), inserted “if used as the principal residence by the debtor” after “a residential structure”.
Par. (13A)(B). Pub. L. 111–327, § 2(a)(1)(A)(ii), inserted “if used as the principal residence by the debtor” before period at end.
Par. (35)(B). Pub. L. 111–327, § 2(a)(1)(B), substituted “paragraphs (21B) and (33)(A)” for “paragraphs (23) and (35)”.
Par. (40B). Pub. L. 111–327,
§ 2(a)(1)(C), substituted “record relating to a patient, including
a written document or a” for “written document relating to a patient or
a”.
Par. (42). Pub. L. 111–327,
§ 2(a)(1)(D), which directed substitution of “303 and 1504” for
“303, and 304”, was executed by making the substitution for “303, or
304” to reflect the probable intent of Congress.
Par. (51B). Pub. L. 111–327, § 2(a)(1)(E), inserted “thereto” before period at end.
Par. (51D)(A). Pub. L. 111–327, § 2(a)(1)(F), inserted “of the filing” after “as of the date”.
2006—Par. (22)(A). Pub. L. 109–390,
§ 5(a)(1)(A), struck out “(domestic or foreign)” after “an entity”
and inserted “(whether or not a ‘customer’, as defined in section
741)” after “custodian for a customer”.
Par. (22A)(A). Pub. L. 109–390,
§ 5(a)(1)(B), inserted “(aggregated across counterparties)” after
“principal amount outstanding” and substituted “at such time or on any
day during the 15-month period preceding the date of the filing of the
petition” for “on any day during the previous 15-month period” in two
places.
Par. (25)(A). Pub. L. 109–390, § 5(a)(1)(C), inserted “, as defined in section
761”
after “commodity contract” and substituted “repurchase or reverse
repurchase transaction (whether or not such repurchase or reverse
repurchase transaction is a ‘repurchase agreement’, as defined in this
section)” for “repurchase transaction, reverse repurchase transaction,”.
Par. (53B)(A)(i)(II). Pub. L. 109–390, § 5(a)(1)(D)(i)(I), substituted “, precious metals, or other commodity” for “or precious metals”.
Par. (53B)(A)(i)(VIII). Pub. L. 109–390, § 5(a)(1)(D)(i)(III), substituted “option, future, or forward agreement” for “weather derivative, or weather option”.
Par. (53B)(A)(i)(IX), (X). Pub. L. 109–390, § 5(a)(1)(D)(i)(II), (IV), added subcls. (IX) and (X).
Par. (53B)(A)(ii). Pub. L. 109–390,
§ 5(a)(1)(D)(ii), inserted “or other derivatives” after “dealings
in the swap” in subcl. (I) and substituted “future, option, or spot
transaction” for “future, or option” in subcl. (II).
Par. (53B)(B). Pub. L. 109–390,
§ 5(a)(1)(E), substituted “the Gramm-Leach-Bliley Act, the Legal
Certainty for Bank Products Act of 2000, the securities laws (as such
term is defined in section 3(a)(47) of the Securities Exchange Act of
1934) and the Commodity Exchange Act” for “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”.
2005—Pub. L. 109–8,
§ 1201(1), substituted “In this title the following definitions
shall apply:” for “In this title—” in introductory provisions.
Pars. (1), (2). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (3). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8, § 226(a)(1), added par. (3).
Par. (4). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (4A). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8, § 226(a)(2), added par. (4A).
Pars. (5) to (7). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pars. (7A), (7B). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8, § 1007(a)(1), added pars. (7A) and (7B).
Pars. (8) to (10). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (10A). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8, § 102(b), added par. (10A).
Pars. (11), (12). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (12A). Pub. L. 109–8,
§ 1201(8), which directed the substitution of a period for a
semicolon at end, could not be executed because par. (12A) ended in a
period after amendment by Pub. L. 109–8, § 226(a)(3). See below.
Pub. L. 109–8, § 1201(2), inserted “The term” after par. designation.
Pub. L. 109–8,
§§ 211(1),
226(a)(3), added par. (12A) and struck out former par. (12A) which read
as follows: “ ‘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;”.
Par. (13). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (13A). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8, § 306(c)(1), added par. (13A).
Par. (14). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8,
§ 414, amended par. (14) generally. Prior to amendment, par. (14)
consisted of subpars. (A) to (E) defining “disinterested person”.
Par. (14A). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8, § 211(2), added par. (14A).
Pars. (15) to (17). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (18). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (18)(A). Pub. L. 109–8, § 1005, substituted “for—
“(i) the taxable year preceding; or
“(ii) each of the 2d and 3d taxable years preceding;
the taxable year” for “for the taxable year preceding the taxable year”.
Pub. L. 109–8, § 1004(1), substituted “$3,237,000” for “$1,500,000” and “not less than 50 percent” for “not less than 80 percent”.
Par. (18)(B)(ii). Pub. L. 109–8, § 1004(2), substituted “$3,237,000” for “$1,500,000” and “50 percent” for “80 percent”.
Par. (19). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pars. (19A), (19B). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8, § 1007(a)(2), added pars. (19A) and (19B).
Pars. (20) to (21B). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (22). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8,
§ 907(b)(1), added par. (22) and struck out former par. (22) which
consisted of introductory provisions and subpars. (A) and (B) defining
“financial institution”.
Par. (22A). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8, § 907(b)(2), added par. (22A).
Pars. (23), (24). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8, § 802(b), added pars. (23) and (24) and struck out former pars. (23) and (24) which read as follows:
“(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;”.
Par. (25). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8,
§ 907(a)(1)(A), substituted “means—” for “means”, designated
subsequent provisions as subpar. (A), substituted “, or any other
similar agreement” for “, or any combination thereof or option thereon”,
and added subpars. (B) to (E).
Par. (26). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8,
§ 907(b)(3), added par. (26) and struck out former par. (26) which
read as follows: “ ‘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;”.
Par. (27). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (27A). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8, § 1101(a)(2), added par. (27A). Former par. (27A) redesignated (27B).
Pub. L. 109–8, § 306(c)(2), added par. (27A).
Par. (27B). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8, § 1101(a)(1), redesignated par. (27A) as (27B).
Pars. (28) to (34). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (35). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (35)(B). Pub. L. 109–8, § 1201(3), substituted “paragraphs (23) and (35)” for “paragraphs (21B) and (33)(A)”.
Par. (35A). Pub. L. 109–8, § 1201(2), (4), inserted “The term” after par. designation and substituted a period for “; and” at end.
Pars. (36), (37). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (38). Pub. L. 109–8, § 1201(2), (4), inserted “The term” after par. designation and substituted a period for “; and” at end.
Pars. (38A), (38B). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8, § 907(c), added pars. (38A) and (38B).
Par. (39). Pub. L. 109–8, § 1201(2), inserted “The term” after par. designation.
Par. (39A). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8, § 102(k), added par. (39A).
Par. (40). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pars. (40A), (40B). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8, § 1101(b), added pars. (40A) and (40B).
Par. (41). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (41A). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8, § 231(b), added par. (41A).
Pars. (42) to (45). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (46). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8, § 907(a)(1)(B), substituted “at any time before” for “on any day during the period beginning 90 days before the date of”.
Par. (47). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8,
§ 907(a)(1)(C), amended par. (47) generally. Prior to amendment,
par. (47) read as follows: “ ‘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;”.
Par. (48). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8,
§ 907(a)(1)(D), inserted “, or exempt from such registration under
such section pursuant to an order of the Securities and Exchange
Commission,” after “1934”.
Par. (48A). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8, § 401(a), added par. (48A).
Pars. (49) to (51A). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (51B). Pub. L. 109–8,
§ 1201(2), (5), (8), inserted “The term” after par. designation
and “who is not a family farmer” after “income of a debtor” and
substituted a period for “thereto having aggregate noncontingent,
liquidated secured debts in an amount no more than $4,000,000;”.
Pars. (51C), (51D). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8,
§ 432(a), added pars. (51C) and (51D) and struck out former par.
(51C) which read as follows: “ ‘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;”.
Pars. (52) to (53A). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (53B). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Pub. L. 109–8,
§ 907(a)(1)(E), amended par. (53B) generally. Prior to amendment,
par. (53B) consisted of introductory provisions and subpars. (A) to (C)
defining “swap agreement”.
Par. (53C). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (53D). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (54). Pub. L. 109–8, § 1201(8), substituted a period for semicolon at end.
Pub. L. 109–8,
§ 1201(6), added par. (54) and struck out former par. (54) which
read as follows: “The term ‘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;”.
Pub. L. 109–8, § 1201(2), inserted “The term” after par. designation.
Par. (54A). Pub. L. 109–8,
§ 1201(8), which directed the substitution of a period for
semicolon at end, could not be executed because par. (54A) ended in a
period after amendment by Pub. L. 109–8, § 1201(4). See below.
Pub. L. 109–8,
§ 1201(4), (7), substituted “The term” for “the term”, realigned
left margin, and substituted a period for “; and” at end.
Par. (55). Pub. L. 109–8, § 1201(2), (8), inserted “The term” after par. designation and substituted a period for semicolon at end.
Par. (56A). Pub. L. 109–8,
§ 1201(8), which directed the substitution of a period for
semicolon “in each of paragraphs (40) through (55)” at end, was executed
to par. (56A), to reflect the probable intent of Congress, because par.
(56A) follows par. (53C) in text.
Pub. L. 109–8, § 1201(2), inserted “The term” after par. designation.
2000—Par. (22). Pub. L. 106–554,
§ 1(a)(5) [title I, § 112(c)(3)], amended par. (22)
generally. Prior to amendment par. (22) read as follows:
“ ‘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;”.
Par. (54A). Pub. L. 106–554, § 1(a)(5) [title I, § 112(c)(4)], added par. (54A).
1994—Par. (3). Pub. L. 103–394, § 501(a)(1), redesignated par. (3) as (21B) and inserted it after par. (21A).
Par. (6). Pub. L. 103–394, § 501(b)(1)(A), substituted “section
761” for “section
761
(9)” after “customer, as defined in”.
Par. (12A). Pub. L. 103–394, § 304(a), added par. (12A).
Par. (21B). Pub. L. 103–394, § 501(a)(1), redesignated par. (3) as (21B).
Par. (33)(A). Pub. L. 103–394, § 501(d)(1)(A)(i), struck out “(12 U.S.C. 1813
(u))” after “section 3(u) of the Federal Deposit Insurance Act”.
Par. (35). Pub. L. 103–394, § 501(b)(1)(C), (d)(1)(C), struck out “(12 U.S.C. 1813
(c)(2))” after “Act” in subpar. (A) and substituted “paragraphs (21B)” for “paragraphs (3)” in subpar. (B).
Par. (35A). Pub. L. 103–394, § 501(a)(4), redesignated par. (56) defining “intellectual property” as (35A) and inserted it after par. (35).
Par. (39). Pub. L. 103–394,
§ 501(a)(5), redesignated par. (57) defining “mask work” as (39)
and inserted it after par. (38). Former par. (39) redesignated (51A).
Par. (41). Pub. L. 103–394,
§ 106, amended par. (41) generally. Prior to amendment, par. (41)
read as follows: “ ‘person’ includes individual, partnership, and
corporation, but does not include governmental unit, Provided, however,
That any governmental unit that acquires an asset from a person as a
result of operation of a loan guarantee agreement, or as receiver or
liquidating agent of a person, will be considered a person for purposes
of section
1102 of this title.”
Par. (42A). Pub. L. 103–394, § 208(a)(1), added par. (42A).
Par. (48). Pub. L. 103–394, § 501(d)(1)(D), struck out “(15 U.S.C. 78q–1)” after “Act of 1934” and “(15 U.S.C. 78c
(12))” after “such Act”.
Par. (49)(A)(xii). Pub. L. 103–394, § 501(d)(1)(E)(i), struck out “(15 U.S.C. 77a et seq.)” after “Act of 1933” and “(15 U.S.C. 77c
(b))” after “such Act”.
Par. (49)(B). Pub. L. 103–394, § 501(b)(1)(D), (d)(1)(E)(ii), substituted “section
761” for “section
761
(13)” in cl. (ii) and struck out “(15 U.S.C. 77c
(b))” after “Act of 1933” in cl. (vi).
Par. (51A). Pub. L. 103–394, § 501(a)(2), redesignated par. (39) as (51A) and inserted it after par. (51).
Par. (51B). Pub. L. 103–394, § 218(a), added par. (51B).
Par. (51C). Pub. L. 103–394, § 217(a), added par. (51C).
Par. (53A). Pub. L. 103–394, § 501(a)(3), (b)(1)(E), redesignated par. (54) defining “stockbroker” as (53A) and substituted “section
741” for “section
741
(2)” in subpar. (A).
Par. (53B). Pub. L. 103–394, § 501(a)(3), redesignated par. (55) defining “swap agreement” as (53B).
Par. (53C). Pub. L. 103–394, § 501(a)(3), redesignated par. (56) defining “swap participant” as (53C).
Par. (53D). Pub. L. 103–394,
§ 501(a)(3), (d)(1)(F), redesignated par. (57) defining “timeshare
plan” as (53D) and substituted semicolon for period at end.
Par. (54). Pub. L. 103–394, § 501(a)(3), redesignated par. (54) defining “stockbroker” as (53A).
Par. (55). Pub. L. 103–394, § 501(a)(3), redesignated par. (55) defining “swap agreement” as (53B).
Pub. L. 103–394, § 215, inserted “spot foreign exchange agreement,” after “forward foreign exchange agreement,”.
Par. (56). Pub. L. 103–394, § 501(a)(3), redesignated par. (56) defining “swap participant” as (53C).
Pub. L. 103–394, § 501(a)(4), redesignated par. (56) defining “intellectual property” as (35A) and inserted it after par. (35).
Par. (56A). Pub. L. 103–394, § 208(a)(2), added par. (56A) and inserted it after par. defining “swap participant”.
Par. (57). Pub. L. 103–394, § 501(a)(3), redesignated par. (57) defining “timeshare plan” as (53D).
Pub. L. 103–394, § 501(a)(5), redesignated par. (57) defining “mask work” as (39) and inserted it after par. (38).
1992—Par. (21A). Pub. L. 102–486added par. (21A).
1990—Par. (3). Pub. L. 101–647, § 2522(e)(4), added par. (3). Former par. (3) redesignated (4).
Pars. (4) to (23). Pub. L. 101–647, § 2522(e)(3), redesignated pars. (3) to (22) as (4) to (23), respectively. Former par. (23) redesignated (24).
Par. (24). Pub. L. 101–647, § 2522(e)(3), redesignated par. (23) as (24). Former par. (24) redesignated (25).
Pub. L. 101–311, § 201(1), inserted “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,” after “transfer of commodity,”
and “, 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” after “entered into”.
Par. (25). Pub. L. 101–647, § 2522(e)(3), redesignated par. (24) as (25). Former par. (25) redesignated (26).
Pub. L. 101–311, § 201(2), substituted “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” for “commodities”.
Pars. (26) to (32). Pub. L. 101–647, § 2522(e)(3), redesignated pars. (25) to (31) as (26) to (32), respectively. Former par. (32) redesignated (36).
Par. (33). Pub. L. 101–647, § 2522(e)(2), added par. (33). Former par. (33) redesignated (37).
Par. (34). Pub. L. 101–647, § 2522(e)(2), added par. (34). Former par. (34) redesignated (38).
Pub. L. 101–311, § 201(4), added par. (34). Former par. (34) redesignated (36).
Par. (35). Pub. L. 101–647, § 2522(e)(2), added par. (35). Former par. (35) redesignated (39).
Pub. L. 101–311, § 201(4), added par. (35). Former par. (35) redesignated (37).
Par. (36). Pub. L. 101–647, § 2522(e)(1), redesignated par. (32) as (36). Former par. (36) redesignated (40).
Pub. L. 101–311, § 201(3), redesignated par. (34) as (36). Former par. (36) redesignated (38).
Pars. (37) to (48). Pub. L. 101–647,
§ 2522(e)(1), redesignated pars. (33) to (44) as (37) to (48),
respectively. Former pars. (45) to (48) redesignated (49) to (52),
respectively.
Pub. L. 101–311,
§ 201(3), redesignated pars. (35) to (46) as (37) to (48),
respectively. Former pars. (47) and (48) redesignated (49) and (50),
respectively.
Pars. (49), (50). Pub. L. 101–647,
§ 2522(e)(1), redesignated pars. (45) and (46) as (49) and (50),
respectively. Former pars. (49) and (50) redesignated (53) and (54)
defining “stockbroker”, respectively.
Pub. L. 101–311,
§ 201(3), redesignated pars. (47) and (48) as (49) and (50),
respectively. Former pars. (49) and (50) redesignated (51) and (52),
respectively.
Pub. L. 101–311, § 101(2), added pars. (49) and (50). Former pars. (49) and (50) redesignated (51) and (52), respectively.
Par. (51). Pub. L. 101–647, § 2522(e)(1), redesignated par. (47) as (51). Former par. (51) redesignated (55) defining “swap agreement”.
Pub. L. 101–311, § 201(3), redesignated par. (49) as (51). Former par. (51) redesignated (53).
Pub. L. 101–311, § 101(1), redesignated par. (49) as (51). Former par. (51) redesignated (53).
Par. (52). Pub. L. 101–647, § 2522(e)(1), redesignated par. (48) as (52). Former par. (52) redesignated (56) defining “swap participant”.
Pub. L. 101–311, § 201(3), redesignated par. (50) as (52). Former par. (52) redesignated (54) defining “transfer”.
Pub. L. 101–311, § 101(1), redesignated par. (50) as (52). Former par. (52) redesignated (54).
Par. (53). Pub. L. 101–647, § 2522(e)(1), redesignated par. (49) as (53). Former par. (53) redesignated (57) defining “timeshare plan”.
Pub. L. 101–311, § 201(3), redesignated par. (51) as (53). Former par. (53) redesignated (55) defining “United States”.
Pub. L. 101–311, § 101(1), redesignated par. (51) as (53). Former par. (53) redesignated (55).
Par. (54). Pub. L. 101–647, § 2522(e)(1), redesignated par. (50) as (54) defining “stockbroker”.
Pub. L. 101–311,
§ 201(3), redesignated par. (52) as (54) defining “transfer”.
Former par. (54) redesignated (56) defining “intellectual property”.
Pub. L. 101–311, § 101(1), redesignated par. (52) as (54).
Par. (55). Pub. L. 101–647, § 2522(e)(1), redesignated par. (51) as (55) defining “swap agreement”.
Pub. L. 101–311,
§ 201(3), redesignated par. (53) as (55) defining “United States”.
Former par. (55) redesignated (57) defining “mask work”.
Pub. L. 101–311, § 101(1), redesignated par. (53) as (55).
Par. (56). Pub. L. 101–647, § 2522(e)(1), redesignated par. (52) as (56) defining “swap participant”.
Pub. L. 101–311, § 201(3), redesignated par. (54) as (56) defining “intellectual property”.
Par. (57). Pub. L. 101–647, § 2522(e)(1), redesignated par. (53) as (57) defining “timeshare plan”.
Pub. L. 101–311, § 201(3), redesignated par. (55) as (57) defining “mask work”.
1988—Par. (31). Pub. L. 100–597inserted “and a municipality” after “partnership” in subpar. (A) and added subpar. (C).
Pars. (52), (53). Pub. L. 100–506added pars. (52) and (53).
1986—Par. (14). Pub. L. 99–554, § 201(1), substituted “governmental unit, and United States trustee” for “and governmental unit”.
Pars. (17), (18). Pub. L. 99–554, § 251(2), (3), added pars. (17) and (18) and redesignated former pars. (17) and (18) as (19) and (20), respectively.
Par. (19). Pub. L. 99–554,
§ 251(1), (2), redesignated former par. (17) as (19) and inserted
“(except when such term appears in the term ‘family farmer’)”. Former
par. (19) redesignated (21).
Pars. (20) to (25). Pub. L. 99–554,
§ 251(2), redesignated former pars. (18) to (23) as (20) to (25),
respectively. Former pars. (24) and (25) redesignated (26) and (27),
respectively.
Par. (26). Pub. L. 99–554, § 201(2), inserted “(but not a United States trustee while serving as a trustee in a case under this title)”.
Pub. L. 99–554, § 251(2), redesignated former par. (24) as (26). Former par. (26) redesignated (28).
Pars. (27) to (42). Pub. L. 99–554,
§ 251(2), redesignated former pars. (25) to (40) as (27) to (42),
respectively. Former pars. (41) and (42) redesignated (43) and (44),
respectively.
Par. (43). Pub. L. 99–554, § 251(2), redesignated former par. (41) as (43). Former par. (43) redesignated (45).
Par. (43)(A)(xv). Pub. L. 99–554, § 283(a)(1), substituted “security” for “secuity”.
Pars. (44) to (50). Pub. L. 99–554, § 251(2), redesignated former pars. (42) to (48) as (44) to (50), respectively. Former par. (49) redesignated (51).
Par. (51). Pub. L. 99–554, § 283(a)(2), substituted a period for the semicolon at the end thereof.
Pub. L. 99–554, § 251(2), redesignated former par. (49) as (51).
1984—Par. (2)(D). Pub. L. 98–353, § 421(a), struck out “or all” after “business”.
Par. (8)(B). Pub. L. 98–353, § 421(b), substituted a semicolon for the colon at end of subpar. (B).
Par. (14). Pub. L. 98–353, § 421(d), inserted “and” after “trust,”.
Pars. (19) to (21). Pub. L. 98–353,
§ 421(j)(3), (4), added par. (19) and redesignated former pars.
(19), (20), and (21) as (20), (21), and (24), respectively.
Pars. (22), (23). Pub. L. 98–353, § 421(j)(2), (5), added pars. (22) and (23) and redesignated former pars. (22) and (23) as (25) and (26), respectively.
Pars. (24) to (26). Pub. L. 98–353,
§ 421(j)(2), redesignated former pars. (21) to (23) as (24) to
(26), respectively. Former pars. (24) to (26) redesignated (27) to (29),
respectively.
Par. (27). Pub. L. 98–353,
§ 421(e), (j)(2), redesignated former par. (24) as (27) and
substituted “stockbroker” for “stock broker”. Former par. (27)
redesignated (30).
Par. (28). Pub. L. 98–353, § 421(j)(2), redesignated former par. (25) as (28). Former par. (28) redesignated (31).
Par. (29). Pub. L. 98–353,
§ 421(f), (j)(2), redesignated former par. (26) as (29) and, in
subpar. (B)(ii), substituted “nonpartnership” and “(A)” for “separate”
and “(A)(ii)”, respectively, wherever appearing. Former par. (29)
redesignated (32).
Pars. (30) to (32). Pub. L. 98–353,
§ 421(j)(2), redesignated former pars. (27) to (29) as (30) to
(32), respectively. Former pars. (30) to (32) redesignated (33) to (35),
respectively.
Par. (33). Pub. L. 98–353,
§ 421(g), (j)(2), redesignated former par. (30) as (33) and
amended definition of “person” generally, thereby inserting proviso
relating to consideration of certain governmental units as persons for
purposes of section
1102 of this title. Former par. (33) redesignated (36).
Par. (34). Pub. L. 98–353, § 421(j)(2), redesignated former par. (31) as (34). Former par. (34) redesignated (37).
Pars. (35), (36). Pub. L. 98–353,
§ 421(j)(2), redesignated former pars. (32) and (33) as (35) and
(36), respectively. Former pars. (35) and (36), as added by Pub. L. 98–353, § 391(2), redesignated (38) and (39), respectively.
Pub. L. 98–353,
§ 391, added pars. (35) and (36), and redesignated former pars.
(35) and (36) as (37) and (38) which were again redesignated as (40) and
(41), respectively.
Par. (37). Pub. L. 98–353, § 421(j)(2), redesignated former par. (34) as (37). Former par. (37) redesignated successively as (39) and again as (42).
Par. (38). Pub. L. 98–353,
§§ 391(2),
421(j)(2), added par. (35) and redesignated such par. (35) as (38).
Former par. (38) redesignated successively as (40) and again as (43).
Par. (39). Pub. L. 98–353,
§§ 391(2),
421(j)(2), added par. (36) and redesignated such par. (36) as (39).
Former par. (39) redesignated successively as (41) and again as (45).
Par. (40). Pub. L. 98–353,
§§ 391(1),
421(j)(2), redesignated successively former par. (35) as (37) and again
as (40). Former par. (40) redesignated successively as (42) and again as
(46).
Par. (41). Pub. L. 98–353,
§§ 391(1),
401(1),
421(h), (j)(2), redesignated successively former par. (36) as (38) and
again as (41), and, in subpar. (B)(vi), substituted “certificate of a
kind specified in subparagraph (A)(xii)” for “certificate specified in
clause (xii) of subparagraph (A)” and substituted “required to be the
subject of a registration statement” for “the subject of such
registration statement”. Former par. (41) redesignated successively as
(43), again as (44), and again as (48).
Par. (42). Pub. L. 98–353, §§ 391(1),
421(j)(2), redesignated successively former par. (37) as (39) and again as (42).
Par. (43). Pub. L. 98–353, §§ 391(1),
421(j)(2), redesignated successively former par. (38) as (40) and again as (43).
Pub. L. 98–353,
§ 401, redesignated former par. (43), originally par. (41), as
(44), and added another par. (43) which was redesignated (47).
Par. (44). Pub. L. 98–353,
§ 421(j)(6), added par. (44). Former par. (44) originally was par.
(41) and was redesignated successively as (43), again as (44), and
again as (48).
Pars. (45), (46). Pub. L. 98–353, §§ 391(1),
421(j)(1), redesignated successively former pars. (39) and (40) as (41) and (42), and again as (45) and (46), respectively.
Par. (47). Pub. L. 98–353, §§ 401(2),
421(j)(1), added par. (43) and redesignated such par. (43) as (47).
Par. (48). Pub. L. 98–353,
§§ 391(1),
401(1),
421(i), (j)(1), redesignated successively former par. (41) as (43),
again as (44), and again as (48), and substituted “and foreclosure of
the debtor’s equity of redemption; and” for the period at the end.
Par. (49). Pub. L. 98–353, § 421(j)(7), added par. (49).
1982—Par. (35). Pub. L. 97–222, § 1(a)(2), added par. (35). Former par. (35) redesignated (36).
Par. (36). Pub. L. 97–222,
§ 1(a)(1), (b), (c), redesignated par. (35) as (36) and
substituted “is required to be the subject of a registration statement”
for “is the subject of a registration statement” in subpar. (A)(xii) and
substituted “forward contract” for “forward commodity contract” in
subpar. (B)(iii). Former par. (36) redesignated (37).
Pars. (37) to (39). Pub. L. 97–222, § 1(a)(1), redesignated pars. (36) to (38) as (37) to (39), respectively. Former par. (39) redesignated (40).
Pars. (40), (41). Pub. L. 97–222,
§ 1(a)(1), (d), redesignated former par. (39) as (40) and
restructured its provisions by dividing the former introductory
provisions into subpars. (A) and (B) and by redesignating former
subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (B).
Former par. (40) redesignated (41).
Effective Date of 2006 Amendment
Pub. L. 109–390, § 7,Dec. 12, 2006, 120 Stat. 2700,
provided that: “The amendments made by this Act [see Short Title of
2006 Amendment note set out under this section] shall not apply to any
cases commenced under title 11, United States Code, or appointments made
under any Federal or State law, before the date of the enactment of
this Act [Dec. 12, 2006].”
Effective Date of 2005 Amendment
Pub. L. 109–8, title XV, § 1501,Apr. 20, 2005, 119 Stat. 216, provided that:
“(a) Effective Date.—Except as otherwise
provided in this Act, this Act [see Tables for classification] and the
amendments made by this Act shall take effect 180 days after the date of
enactment of this Act [Apr. 20, 2005].
“(b) Application of Amendments.—
“(1) In general.—Except as otherwise
provided in this Act and paragraph (2), the amendments made by this Act
shall not apply with respect to cases commenced under title 11, United
States Code, before the effective date of this Act.
“(2) Certain limitations applicable to debtors.—The amendments made by sections
308,
322, and
330 [amending sections
104,
522,
727,
1141,
1228, and
1328
of this title] shall apply with respect to cases commenced under title
11, United States Code, on or after the date of the enactment of this
Act [Apr. 20, 2005].”
Effective Date of 1994 Amendment
Pub. L. 103–394, title VII, § 702,Oct. 22, 1994, 108 Stat. 4150, provided that:
“(a) Effective Date.—Except as provided in
subsection (b), this Act [see Tables for classification] shall take
effect on the date of the enactment of this Act [Oct. 22, 1994].
“(b) Application of Amendments.—(1) Except
as provided in paragraph (2), the amendments made by this Act shall not
apply with respect to cases commenced under title 11 of the United
States Code before the date of the enactment of this Act.
“(2)(A) Paragraph (1) shall not apply with respect to the amendment made by section
111 [amending section
524 of this title].
“(B) The amendments made by sections
113 and
117 [amending sections
106 and
330
of this title] shall apply with respect to cases commenced under title
11 of the United States Code before, on, and after the date of the
enactment of this Act.
“(C) Section
1110 of title
11, United States Code, as amended by section 201 of this Act, shall apply with respect to any lease, as defined in such section
1110
(c)
as so amended, entered into in connection with a settlement of any
proceeding in any case pending under title 11 of the United States Code
on the date of the enactment of this Act.
“(D) The amendments made by section
305 [amending sections
1123,
1222, and
1322 of this title] shall apply only to agreements entered into after the date of enactment of this Act.”
Effective Date of 1992 Amendment
Pub. L. 102–486, title XXX, § 3017(c),Oct. 24, 1992, 106 Stat. 3131, provided that:
“(1) Except as provided in paragraph (2), the amendments made by this section [amending this section and section
541 of this title] shall take effect on the date of the enactment of this Act [Oct. 24, 1992].
“(2) The amendments made by this section
shall not apply with respect to cases commenced under title 11 of the
United States Code before the date of the enactment of this Act.”
Effective Date of 1988 Amendment
Pub. L. 100–597, § 12,Nov. 3, 1988, 102 Stat. 3030, provided that:
“(a) Effective Date.—Except as provided in subsection (b), this Act and the amendments made by this Act [enacting sections
927 to
929 of this title, amending this section and sections
109,
901,
902,
922,
926, and
943 of this title, and renumbering section
927 of this title as 930] shall take effect on the date of the enactment of this Act [Nov. 3, 1988].
“(b) Application of Amendments.—The
amendments made by this Act shall not apply with respect to cases
commenced under title 11 of the United States Code before the date of
the enactment of this Act [Nov. 3, 1988].”
Pub. L. 100–506, § 2,Oct. 18, 1988, 102 Stat. 2539, provided that:
“(a) Effective Date.—Except as provided in
subsection (b), this Act and the amendments made by this Act [amending
this section and section
365 of this title] shall take effect on the date of the enactment of this Act [Oct. 18, 1988].
“(b) Application of Amendments.—The
amendments made by this Act shall not apply with respect to any case
commenced under title 11 of the United States Code before the date of
the enactment of this Act [Oct. 18, 1988].”
Effective Date of 1986 Amendment
Effective date and applicability of amendment by section 201 ofPub. L. 99–554dependent upon the judicial district involved, see section 302(d), (e) ofPub. L. 99–554, set out as a note under section
581 of Title
28, Judiciary and Judicial Procedure.
Amendment by section 251 ofPub. L. 99–554effective
30 days after Oct. 27, 1986, but not applicable to cases commenced
under this title before that date, see section 302(a), (c)(1) ofPub. L. 99–554.
Amendment by section 283 ofPub. L. 99–554effective 30 days after Oct. 27, 1986, see section 302(a) ofPub. L. 99–554.
Effective Date of 1984 Amendment
Pub. L. 98–353, title III, § 552, formerly § 553,July 10, 1984, 98 Stat. 392, as renumbered by Pub. L. 98–531, § 1(2),Oct. 19, 1984, 98 Stat. 2704, provided that:
“(a) Except as otherwise provided in this
section the amendments made by this title [see Tables for
classification] shall become effective to cases filed 90 days after the
date of enactment of this Act [July 10, 1984].
“(b) The amendments made by section
426(b) [amending section
303 of this title] shall become effective upon the date of enactment of this Act.
“(c) The amendments made by subtitle J [enacting section
1113 of this title], shall become effective as provided in section
541
(c) [set out as an Effective Date note under section
1113 of this title].”
Short Title of 2011 Amendment
Pub. L. 112–64, § 1,Dec. 13, 2011, 125 Stat. 766, provided that: “This Act [amending provisions set out as a note under section
707 of this title] may be cited as the ‘National Guard and Reservist Debt Relief Extension Act of 2011’.”
Short Title of 2010 Amendment
Pub. L. 111–327, § 1,Dec. 22, 2010, 124 Stat. 3557, provided that: “This Act [amending this section, sections
103,
105 to
107,
109 to
111,
303,
308,
348,
362,
363,
505,
507,
521 to
524,
526,
527,
541,
554,
704,
707,
723,
724,
726,
901,
1104,
1106,
1111,
1112,
1127,
1129,
1141,
1145,
1202,
1302,
1304,
1307,
1308,
1322,
1325,
1511,
1519,
1521, and
1529 of this title, section
157 of Title
18, Crimes and Criminal Procedure, sections
158,
159, and
586 of Title
28, Judiciary and Judicial Procedure, and provisions set out as a note under section
507 of this title] may be cited as the ‘Bankruptcy Technical Corrections Act of 2010’.”
Short Title of 2009 Amendment
Pub. L. 111–16, § 1,May 7, 2009, 123 Stat. 1607, provided that: “This Act [amending sections
109,
322,
332,
342,
521,
704,
749, and
764 of this title, sections
983,
1514,
1963,
2252A,
2339B,
3060,
3432,
3509, and
3771 of Title
18, Crimes and Criminal Procedure, section 7 of the Classified Information Procedures Act set out in the Appendix to Title
18, section
853 of Title 21, Food and Drugs, and sections
636,
1453, and
2107 of Title
28, Judiciary and Judicial Procedure, and enacting provisions set out as a note under section
109 of this title] may be cited as the ‘Statutory Time-Periods Technical Amendments Act of 2009’.”
Short Title of 2008 Amendment
Pub. L. 110–438, § 1,Oct. 20, 2008, 122 Stat. 5000, provided that: “This Act [amending section
707 of this title and enacting provisions set out as a note under section
707 of this title] may be cited as the ‘National Guard and Reservists Debt Relief Act of 2008’.”
Short Title of 2006 Amendment
Pub. L. 109–439, § 1,Dec. 20, 2006, 120 Stat. 3285, provided that: “This Act [amending section
1325 of this title] may be cited as the ‘Religious Liberty and Charitable Donation Clarification Act of 2006’.”
Pub. L. 109–390, § 1,Dec. 12, 2006, 120 Stat. 2692, provided that: “This Act [amending this section, sections
362,
546, and
741 of this title, sections
1787,
1821,
4403, and
4404 of Title
12, Banks and Banking, and section
78eee of Title
15, Commerce and Trade, and enacting provisions set out as notes
under this section] may be cited as the ‘Financial Netting Improvements
Act of 2006’.”
Short Title of 2005 Amendment
Pub. L. 109–8, § 1(a),Apr. 20, 2005, 119 Stat. 23,
provided that: “This Act [see Tables for classification] may be cited
as the ‘Bankruptcy Abuse Prevention and Consumer Protection Act of
2005’.”
Pub. L. 109–8, title III, § 332(a),Apr. 20, 2005, 119 Stat. 103, provided that: “This section [amending section
303 of this title and section
157 of Title
18, Crimes and Criminal Procedure] may be cited as the ‘Involuntary Bankruptcy Improvement Act of 2005’.”
Short Title of 2004 Amendment
Pub. L. 108–369, § 1,Oct. 25, 2004, 118 Stat. 1749, provided that: “This Act [amending sections
1201 to
1208 and
1221 to
1231 of this title and enacting and amending provisions set out as notes under section
1201 of this title] may be cited as the ‘Family Farmer Bankruptcy Relief Act of 2004’.”
Short Title of 2003 Amendment
Pub. L. 108–73, § 1,Aug. 15, 2003, 117 Stat. 891, provided that: “This Act [amending sections
1201 to
1208 and
1221 to
1231 of this title and enacting and amending provisions set out as notes under section
1201 of this title] may be cited as the ‘Family Farmer Bankruptcy Relief Act of 2003’.”
Short Title of 2002 Amendment
Pub. L. 107–377, § 1,Dec. 19, 2002, 116 Stat. 3115, provided that: “This Act [amending sections
1201 to
1208 and
1221 to
1231 of this title, and enacting and amending provisions set out as notes under section
1201 of this title] may be cited as the ‘Protection of Family Farmers Act of 2002’.”
Short Title of 1998 Amendment
Pub. L. 105–183, § 1,June 19, 1998, 112 Stat. 517, provided that: “This Act [amending sections
544,
546,
548,
707, and
1325 of this title and enacting provisions set out as notes under section
544 of this title] may be cited as the ‘Religious Liberty and Charitable Donation Protection Act of 1998’.”
Short Title of 1994 Amendment
Pub. L. 103–394, § 1(a),Oct. 22, 1994, 108 Stat. 4106, provided that: “This Act [see Tables for classification] may be cited as the ‘Bankruptcy Reform Act of 1994’.”
Short Title of 1990 Amendment
Pub. L. 101–581, § 1,Nov. 15, 1990, 104 Stat. 2865, and Pub. L. 101–647, title XXXI, § 3101,Nov. 29, 1990, 104 Stat. 4916, provided respectively that such Act and such title [amending sections
523 and
1328 of this title and enacting provisions set out as a note under section
523 of this title] may be cited as the “Criminal Victims Protection Act of 1990”.
Short Title of 1988 Amendment
Pub. L. 100–334, § 1,June 16, 1988, 102 Stat. 610, provided that: “This Act [enacting section
1114 of this title, amending section
1129 of this title, enacting provisions set out as a note under section
1114 of this title, and amending and repealing provisions set out as notes under section
1106 of this title] may be cited as the ‘Retiree Benefits Bankruptcy Protection Act of 1988’.”
Short Title of 1984 Amendment
Pub. L. 98–353, title III, § 361,July 10, 1984, 98 Stat. 361, provided that: “This subtitle [subtitle C (§§ 361–363) of title III of Pub. L. 98–353, amending sections
362,
365, and
541 of this title] may be cited as the ‘Leasehold Management Bankruptcy Amendments Act of 1983’.”
Savings Provision
Pub. L. 109–8, title IX, § 912, as added Pub. L. 109–390, § 5(d),Dec. 12, 2006, 120 Stat. 2698,
provided that: “The meanings of terms used in this title [see Tables
for classification] are applicable for the 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 similar terms under
any other statute, regulation, or rule, including the Gramm-Leach-Bliley
Act [Pub. L. 106–102, see Short Title of 1999 Amendment note set out under section
1811 of Title
12, Banks and Banking], the Legal Certainty for Bank Products Act of 2000 [7 U.S.C. 27 to 27f], the securities laws (as such term is defined in section 3(a)(47) of the Securities Exchange Act of 1934 [15 U.S.C. 78c
(a)(47)]), and the Commodity Exchange Act [7 U.S.C. 1 et seq.].”
Separability
Pub. L. 103–394, title VII, § 701,Oct. 22, 1994, 108 Stat. 4150,
provided that: “If any provision of this Act [see Tables for
classification] or amendment made by this Act or the application of such
provision or amendment to any person or circumstance is held to be
unconstitutional, the remaining provisions of and amendments made by
this Act and the application of such other provisions and amendments to
any person or circumstance shall not be affected thereby.”
Pub. L. 98–353, title III, § 551,July 10, 1984, 98 Stat. 391, provided that: “If any provision of this title [title III (§§ 301–553) of Pub. L. 98–353,
see Tables for classification] or any amendment made by this title, or
the application thereof to any person or circumstance is held invalid,
the provisions of every other part, and their application shall not be
affected thereby.”
Construction
Pub. L. 109–8, title X, § 1007(e),Apr. 20, 2005, 119 Stat. 188, provided that: “Nothing in this section [amending this section and sections
109,
1203, and
1206 of this title] shall change, affect, or amend the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.).”
Pub. L. 109–8, title XI, § 1101(c),Apr. 20, 2005, 119 Stat. 189,
provided that: “The amendments made by subsection (a) of this section
[amending this section] shall not affect the interpretation of section
109
(b) of title
11, United States Code.”
Nonlimitation of Information
Pub. L. 109–8, title I, § 102(e),Apr. 20, 2005, 119 Stat. 33,
provided that: “Nothing in this title [see Tables for classification]
shall limit the ability of a creditor to provide information to a judge
(except for information communicated ex parte, unless otherwise
permitted by applicable law), United States trustee (or bankruptcy
administrator, if any), or trustee.”
Judicial Education
Pub. L. 109–8, title XII, § 1226,Apr. 20, 2005, 119 Stat. 199,
provided that: “The Director of the Federal Judicial Center, in
consultation with the Director of the Executive Office for United States
Trustees, shall develop materials and conduct such training as may be
useful to courts in implementing this Act [see Short Title of 2005
Amendment note above] and the amendments made by this Act, including the
requirements relating to the means test under section
707
(b), and reaffirmation agreements under section
524, of title
11 of the United States Code, as amended by this Act.”
Adjustment of Dollar Amounts
The dollar amounts specified in this
section were adjusted by notices of the Judicial Conference of the
United States pursuant to section
104 of this title as follows:
By notice dated Feb. 12, 2013, 78 F.R. 12089,
effective Apr. 1, 2013, in par. (3), dollar amount “175,750” was
adjusted to “186,825”; in par. (18), dollar amount “3,792,650” was
adjusted to “4,031,575” each time it appeared; in par. (19A), dollar
amount “1,757,475” was adjusted to “1,868,200” each time it appeared;
and, in par. (51D), dollar amount “2,343,300” was adjusted to
“2,490,925” each time it appeared. See notice of the Judicial Conference
of the United States set out as a note under section
104 of this title.
By notice dated Feb. 19, 2010, 75 F.R. 8747,
effective Apr. 1, 2010, in par. (3), dollar amount “164,250” was
adjusted to “175,750”; in par. (18)(A), (B)(ii), dollar amount
“3,544,525” was adjusted to “3,792,650” each time it appeared; in par.
(19A)(A)(i), (B)(ii)(II), dollar amount “1,642,500” was adjusted to
“1,757,475” each time it appeared; and, in par. (51D)(A), (B), dollar
amount “2,190,000” was adjusted to “2,343,300” each time it appeared.
By notice dated Feb. 7, 2007, 72 F.R. 7082,
effective Apr. 1, 2007, in par. (3), dollar amount “150,000” was
adjusted to “164,250”; in par. (18), dollar amount “3,237,000” was
adjusted to “3,544,525” each time it appeared; in par. (19A), dollar
amount “1,500,000” was adjusted to “1,642,500” each time it appeared;
and, in par. (51D), dollar amount “2,000,000” was adjusted to
“2,190,000” each time it appeared.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
| 11 USC | Description of Change | Session Year | Public Law | Statutes at Large |
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