U.S. Code 4/13/2021 11:48:40 PM 9 dition E st — 21 ted a nnot A , , ankruptcy B (A) right to payment, whether or not such right (A) right to payment, whether or not of breach for remedy equitable to an (B) right (D) entity that operates the business or substantially (D) entity that operates exas (5) The term “claim” means— “claim” (5) The term means futures “commodity broker” (6) The term means claim that “community claim” (7) The term (3) The term “assisted person” means any person means “assisted person” (3) The term professional means attorney, “attorney” (4) The term means any (4A) The term “bankruptcy assistance” T s ’ arose before the commencement of the case concerning the commencement of before arose the 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. in a case or proceeding on behalf of another or providing or providing on behalf of another in a case or proceeding proceeding to a case or respect with legal representation under this title. to judgment, liquidated, unliquidated, fixed, is reduced disputed, undisputed, unmatured, contingent, matured, or or unsecured; legal, equitable, secured, rise to a right to gives performance if such breach payment, whether or not such right to an equitable contingent, to judgment, fixed, is reduced remedy or disputed, undisputed, secured, unmatured, matured, unsecured. commission futures foreign commission merchant, transaction clearing organization, leverage merchant, as defined in or commodity options dealer, merchant, is a to which there section 761 of this title, with respect as defined in section 761 of this title. customer, operating or lease a under property debtor the the of all of agreement. primarily of consumer and the whose debts consist property is less than $204,425. of whose nonexempt value authorized law association, corporation, or partnership, under applicable law to practice law. goods or services to an assisted sold or otherwise provided of providing or implied purpose person with the express or preparation, information, advice, counsel, document appearing or meeting creditors’ a at attendance or filing, ronske TITLE 11 TITLE 2021 P 1: General Provisions Chapter 1: General U.S. BANKRUPTCY CODE U.S. TITLE 11 BANKRUPTCY UNITED STATES CODE UNITED STATES (ii) solely to secure a , if such entity has not (ii) solely to secure (i) in a fiduciary or agency capacity without sole a debt, if such entity has not (ii) solely to secure (i) in a fiduciary or agency capacity without sole (C) person whose business is operated under a (B) corporation 20 percent or more of whose or more (B) corporation 20 percent (A) entity that directly or indirectly owns, controls, controls, owns, or indirectly (A) entity that directly (1) The term “accountant” means accountant means accountant “accountant” (1) The term means— “affiliate” (2) The term 1: General Provisions Chapter 1: General substantially all of whose property is operated under an with the debtor; or operating agreement discretionary power to vote such securities; or to vote discretionary power to vote; such power in fact exercised or person a debtor, by lease or operating agreement debtor, or by an entity that directly or indirectly owns, owns, or indirectly an entity that directly or by debtor, or more 20 percent to vote, or holds with power controls, other securities of the debtor, of the outstanding voting than an entity that holds such securities— discretionary power to vote such securities; or to vote discretionary power to vote; such power in fact exercised or indirectly directly securities are outstanding voting the by to vote, or held with power controlled, owned, of the or more 20 percent to vote, or holds with power an other than debtor, the of securities voting outstanding entity that holds such securities— under applicable law to practice public authorized accounting accounting, and includes professional if so authorized. association, corporation, or partnership, . 101. Definitions Sec definitions shall apply: this title the following In 01_us_code.indd 9 01_us_code.indd 10

U.S. Bankruptcy Code species orproducts ofsuchspecies;or lobsters, urchins, seaweed, shellfish,orotheraquatic means— debtor andthedebtor’s spouse receive) withoutregard to sources thatthedebtorreceives (orinajoint casethe or 502(i)ofthistitle; 502(g),502(h) kind specifiedinsection348(d),502(f), the debtor; arose at the time of or before the order for relief concerning debts ofsuchassociation; that makesonlythecapitalsubscribedresponsible forthe partnership, possesses; that aprivate corporation,butnotanindividualora household purpose. by anindividualprimarilyforapersonal,family, or fishing operation. outacommercialvessel usedby afamilyfishermantocarry described insubparagraph(A). consisting of raisingfor market anyspecies or product section 109andchapter12,aquaculture activities 10 (7A) Theterm “commercial fishingoperation” (10A) Theterm “current monthlyincome”— (10) Theterm “creditor” means— (9) Theterm “corporation”— (8) Theterm “” meansdebtincurred (7B) The term “commercial fishing vessel” means a (A) the catching or harvesting offish,shrimp,(A) thecatchingorharvesting (A) meanstheaverage monthlyincome from all (C) entitythathasacommunityclaim. (B) entitythathasaclaimagainsttheestateof (A) entitythathasaclaimagainstthedebtor (B) doesnotincludelimitedpartnership. (A) includes— (B) forpurposesofsection109andchapter12 2021 P (v) business trust; but (v) businesstrust; (iv) unincorporatedcompanyorassociation; (iii) joint-stockcompany; associationorganized underalaw (ii) partnership (i) associationhavingapower orprivilege ronske ’ s T exas B ptcy ankru U.S. CODE BANKRUPTCY , A Sec. 101Definitions nnot a ted

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than the debtor(or inajointcasethedebtorand (B) required by section521(a)(1)(B)(ii);and debtor doesnotfilethescheduleofcurrent income forpurposesofthistitleifthe determined by thecourt by section 521(a)(1)(B)(ii);or the debtorfilesscheduleofcurrent income required preceding thedateofcommencementcaseif the 6-monthperiodendingon— whether suchincomeistaxableincome,derived during title; and any provision oftitle10 other thanchapter61ofthat beentitledifretiredthe debtorwouldotherwise under retired payexceeds theamount ofretired paytowhich chapter 61oftitle10onlytotheextentthatsuch this subclauseshallincluderetired paypaidunder except thatanyretiredservices, payexcluded under or disability, ordeathofamember oftheuniformed in connectionwithadisability, combat-related injury pay, annuity, orallowance paidundertitle10,37,or38 victims ofsuchterrorism; in section2331oftitle18,onaccounttheirstatusas terrorism ordomesticterrorism, asthosetermsare defined such crimes; against humanityonaccountoftheirstatusasvictims Act; (ii) excludes— and joint case,thedebtor’s adependent); spouseifnototherwise expenses ofthedebtorordebtor’s dependents(and,ina debtor’sspouse), on a regular basis for thehousehold st E dition (i) includes any amount paid by any entity other (ii) thedateonwhichcurrent incomeis (i) thelastdayofcalendarmonthimmediately (IV) anymonthlycompensation,,(IV) (III) paymentstovictimsofinternational (II) paymentstovictimsofwarcrimesor (I) benefits received underthe Social Security

4/13/2021 11:48:41 PM U.S. Bankruptcy Code 4/13/2021 11:48:41 PM 3 11 dition E st — 21 ted a nnot A , , ankruptcy B (E) an author, publisher, distributor, or seller of distributor, publisher, (E) an author, the as used if structure, residential a means (A) or condominium individual an includes (B) or an an equity security holder, (A) is not a creditor, the before (B) is not and was not, within 2 years to materially adverse an (C) does not have (B) a nonprofit organization that is exempt from from that is exempt organization (B) a nonprofit of such assisted person, to the extent (C) a creditor depositorya (D) section in defined (as institution exas (13) The term “debtor” means person or municipality “debtor” (13) The term residence”— principal “debtor’s (13A) The term means a person person” “disinterested (14) The term T s ’ the interest of the estate or of any class of creditors or of the estate or of any class of creditors the interest or indirect of any direct reason equity security holders, by in, the debtor, to, connection with, or interest relationship or for any other reason. under title 17, subject to copyright protection works when acting in such capacity. title has been concerning which a case under this commenced. the debtor including incidental by principal residence is structure that whether to regard without property, property; and attached to real or home, or manufactured mobile a unit, the debtor. by trailer if used as the principal residence that— insider; or officer, a director, petition, of the of the filing date of the debtor; and employee Revenue 501(c)(3) of the Internal taxation under section Code of 1986; to is assisting such assisted person that the creditor to the such assisted person by any debt owed restructure creditor; Federal any or Act) Insurance Deposit Federal the of (as those terms are union union or State credit Act), Union Credit Federal defined in section 101 of the or any affiliate or subsidiary of such depository institution union; or or credit ronske TITLE 11 TITLE relating 1 2021 P . 101. Definitions Sec 2 U.S. BANKRUPTCY CODE U.S. (V) Payments made under Federal law made under Federal (V) Payments (A) any person who is an officer, director, employee, employee, director, (A) any person who is an officer, (C) trustee, receiver, or agent under applicable law, law, applicable under agent or trustee,(C) receiver, (A) receiver or trustee of any of the property of the (A) receiver the for assignment general a under assignee (B) (12) The term “debt” means liability on a claim. “debt” (12) The term means any relief agency” “debt (12A) The term (11) The term “custodian” means— “custodian” (11) The term The CARES Act amends the definition of “income” (both monthly Act amends the definition of “income” The CARES The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act (“CARES Security Economic and Relief, The Coronavirus Aid, Chapter 13 . The amendments shall be reverted on the date that Chapter 13 debtors. The amendments shall be after the date of enactment of this Act. is one year includes several temporaryincludes several amendments to Chapter 7 and Chapter 13 Code. of the U.S. Bankruptcy 2 11, United Title 101(10A)(B)(ii) of and disposable) under Section the federal payments from coronavirus-related Code, to exclude States will “disposable income” The amended definition of government. confirmed Chapter 13 debtors who did not have benefit both current future as as well CARES Act, of the of enactment as of the date plans 1 to measures 27, 2020, contains several signed into law on March Act”), for individuals, response and health care emergency assistance provide by the 2020 coronavirus pandemic. families and businesses affected includes $2.2 trillion stimulus package designed to mitigate the It Act also The of COVID-19. repercussions economic widespread other valuable consideration, or who is a bankruptcy bankruptcy consideration, or who is a other valuable under section 110, but does not petition preparer include— such assistance or of the or agent of a person who provides bankruptcy petition preparer; of the debtor’s creditors. creditors. of the debtor’s any bankruptcy assistance to an person who provides or money of the payment for return person in assisted to or authorized or under a contract, that is appointed take charge of property for the purpose of of the debtor or for the purpose a lien against such property, enforcing of general administration of such property for the benefit not under this appointed in a case or proceeding debtor, title; or creditors; benefit of the debtor’s to the national emergency declared by the President the President by declared to the national emergency to the with respect Act Emergencies under the National coronavirus 2019 (COVID–19). disease

01_us_code.indd 11 01_us_code.indd 12

U.S. Bankruptcy Code nonbankruptcy law notwithstanding any other provisionnonbankruptcy onthatdebtasprovidedthat accrues underapplicable order forrelief inacaseunderthistitle,includinginterest before,a debtthataccrues on,orafterthedateof to purchase, sell,orsubscribetoashare, security, or or partnership; transferable ordenominated“stock”, orsimilarsecurity; governmental unit,andUnited States trustee. purpose ofcollectingthedebt. parent, legalguardian, orresponsible relative forthe spouse, formerchildofthedebtor, orsuchchild’s unless thatobligationisassignedvoluntarily by the and lawby agovernmentalapplicable nonbankruptcy unit; settlementagreement;property this title,by reason ofapplicableprovisions of— on, orafterthedateoforder forrelief inacaseunder debt isexpressly sodesignated; or suchchild’s parent, withoutregard towhethersuch unit) ofsuchspouse,formerorchildthedebtor (includingassistanceprovidedsupport by agovernmental relative; or or suchchild’s parent, legalguardian, orresponsible of thistitle,thatis— 12 (14A) Theterm obligation”“domestic support means (16) Theterm “equity security” means— (15) Theterm “entity” includesperson,estate,trust, (C) warrant or right, other than a right to convert, (B) interest inalimited ofalimitedpartner (A) share inacorporation,whetherornot (D) notassignedtoanongovernmental entity, (C) establishedorsubjecttoestablishmentbefore, (B) inthenature ofalimony, maintenance, or (A) owed toorrecoverable by— 2021 P (iii) a determination made in accordance with (iii) adeterminationmadeinaccordance with (ii) anorder ofrecord; ofacourt or (i) aseparationagreement, divorce decree, or (ii) agovernmental unit; (i) aspouse,formerorchildofthedebtor ronske ’ s T exas B ptcy ankru U.S. CODE BANKRUPTCY , A Sec. 101Definitions nnot a ted

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or such individual and spouse, and such individual or or suchindividualandspouse, a farmingoperationowned oroperatedby suchindividual farming operation),onthedatecaseisfiled,ariseoutof individual andspouseunlesssuchdebtarisesoutofa debt fortheprincipalresidence ofsuchindividualor aggregate noncontingent,liquidateddebts(excluding a $10,000,000 andnotlessthan50percent ofwhose a farmingoperationwhoseaggregate debtsdonotexceed of anequitysecuritythedebtor. this paragraph. interest ofakindspecifiedinsubparagraph(A)or(B) income” meansfamilyfarmerwhose annualincome not publiclytraded. and or operatedby suchcorporationorpartnership; date thecaseisfiled,ariseoutoffarmingoperation owned unless such debt arises out ofa farming operation), on the shareholder maintainsasaprincipalresidence, orpartner is owned andwhicha by suchcorporationorpartnership liquidated debts(excluding adebtforonedwelling which and notlessthan50percent ofitsaggregate noncontingent, consists ofassetsrelated tothefarmingoperation; conduct thefarmingoperation,and members of such family, and such family or such relatives by onefamily, orby onefamilyandtherelatives ofthe 50 percent oftheoutstandingstockorequityisheld individual orsuchandspousewasfiled; the taxableyear inwhichthe caseconcerningsuch such individualandspouse’s gross incomefor— operation more than50percent ofsuchindividual’s or such individualandspousereceive from suchfarming st E (18) Theterm “family farmer” means— (17) Theterm “equity securityholder” meansholder (19) Theterm “family farmerwith regular annual dition (A) individual or individual and spouse engaged in (A) individualorandspouseengagedin (B) corporation or partnership inwhichmore(B) corporation or partnership than (iii) ifsuchcorporationissuesstock,stockis (ii) itsaggregate debtsdonotexceed $10,000,000 (i) more than80percent ofthevalue ofitsassets (ii) eachofthe2dand3dtaxableyears preceding; (i) thetaxableyear preceding; or 4/13/2021 11:48:41 PM U.S. Bankruptcy Code 4/13/2021 11:48:41 PM 13 dition E st — 21 ted a nnot A , , ankruptcy (III) if such corporation issues stock, such (III) if such corporation B (B) with respect to an insured credit to an insured (B) with respect (A) the owner of a right to drill, produce, or operate or operate of a right to drill, produce, (A) the owner its or through (B) such other entity (either directly depository to an insured institution (A) with respect exas (21) The term “farming operation” includes farming, includes operation” “farming (21) The term means a written “farmout agreement” (21A) The term depository institutions (21B) The term “Federal (19B) The term “family fisherman with regular annual with “family fisherman (19B) The term when such term means (except “farmer” (20) The term T s ’ been appointed, the appropriate Federal banking agency Federal been appointed, the appropriate Act); (as defined in section 3(q) of such union for which the National credit (including an insured has been appointed Administration Union Credit farming operation owned or operated by such person. or operated by farming operation owned tillage of the soil, dairy or ranching, production farming, of and production or livestock, poultry, raising of crops, state. poultry in an unmanufactured products or livestock in which— agreement or has on property agrees liquid or gaseous hydrocarbons to transfer or assign all or a part of such right to agreed another entity; and to perform agents or its assigns), as consideration, agrees testing, or similar recompleting, drilling, reworking, liquid or or produce operations, to develop or related on the property. gaseous hydrocarbons means— regulatory agency” Deposit Federal (as defined in section 3(c)(2) of the has for which no conservator Act) or receiver Insurance filed, arise out of a commercial fishing operation owned fishing operation commercial filed, arise out of a corporation or such partnership; such or operated by and traded. stock is not publicly annual income is means a family fisherman whose income” regular to enable such family fishermansufficiently stable and 12 of this title.to make payments under a plan under chapter person that received farmer”) appears in the term “family income during gross of such person’s than 80 percent more the preceding of such person immediately the taxable year case under of such person during which the taxable year a commenced from was person concerning such this title ronske TITLE 11 TITLE 2021 P . 101. Definitions Sec U.S. BANKRUPTCY CODE U.S. (I) more than 80 percent of the value of its of the value than 80 percent (I) more debts do not exceed (II) its aggregate (I) 1 family that conducts the commercial (I) 1 family that conducts the commercial members of the (II) 1 family and the relatives (i) in which more than 50 percent of the than 50 percent (i) in which more (i) whose aggregate debts do not exceed exceed debts do not (i) whose aggregate fishing commercial such from receive who (ii) (B) a corporation or partnership— (A) an individual or individual and spouse engaged (A) an individual or (19A) The term “family fisherman” means— “family fisherman” (19A) The term as a principal residence, unless such debt arises out of a of out arises debt such unless residence, principal a as fishing operation), on the date the case is commercial of its aggregate $2,044,225 and not less than 80 percent a debt noncontingent, liquidated debts (excluding such corporation or by which is owned for 1 dwelling or partnerpartnership maintains a shareholder and which of such family, and such family or such relatives conduct and such family or such relatives of such family, fishing operation; and the commercial (ii) fishing commercial the to related assets of consists assets operation; outstanding stock or equity is held by— fishing operation; or operation more than 50 percent of such individual’s of such individual’s than 50 percent operation more income for the gross and spouse’s or such individual’s the case in which the taxable year preceding taxable year and spouse concerning such individual or such individual was filed; or a commercial fishing operation), on the date the case is fishing operation), on the date a commercial owned fishing operation filed, arise out of a commercial and or such individual individual such or operated by spouse; and in a commercial fishing operation— fishing operation— in a commercial whose of than 80 percent not less $2,044,225 and noncontingent, liquidated debts (excluding aggregate of such individual or a debt for the principal residence arises out of such individual and spouse, unless such debt is sufficiently stable and regular to enable such family regular to enable such and is sufficiently stable 12 chapter under plan a under payments to make farmer of this title. 01_us_code.indd 13 01_us_code.indd 14

U.S. Bankruptcy Code has been appointed conservator orreceiver,has beenappointedconservator theResolution institution for which the Resolution Trust Corporation Union Administration; or liquidating agent), the Nationalconservator Credit debtor oranyotherentity(other thananaffiliate)atsuch one ormore suchagreements ortransactions withthe than $100,000,000(aggregated in across counterparties) petition, orhasgross mark-to-market positionsofnotless 15-month periodpreceding thedate ofthefiling atsuchtime oronanydayduringthe counterparties) or actualprincipalamountoutstanding(aggregated across dollar value of not less than $1,000,000,000in notional or any other entity (other than an affiliate) of a total gross (2), (3),(4),(5),or(6)ofsection561(a)withthedebtor agreements ortransactionsdescribed inparagraph(1), of thedatefilingpetition,hasoneormore repurchase agreement, contract, or at the time or forward securities contract,commodityswapagreement, under theInvestment CompanyAct of1940. defined insection741)aninvestment company registered contract (asdefinedinsection741)suchcustomer;or as definedinsection741)connectionwithasecurities or custodianforacustomer(whethernot“customer”, orentityisactingasagent liquidating agent,conservator entity and,whenanysuchFederal ,receiver, reserve union, or receiver, for such liquidating agent, or conservator company,and association, trust federally-insured credit commercial or savings bank, industrial savings bank, savings the Federal Deposit Insurance Corporation. or receiver,Corporation has been appointed conservator institution forwhichtheFederal Deposit Insurance Trust Corporation;and 14 (22A) Theterm“financialparticipant” means— (22) Theterm“financialinstitution” means— (C) withrespect toanyinsured depository (A) anentitythat,atthetimeitentersintoa (B) inconnectionwithasecuritiescontract(as (A) aFederal bank,oranentitythatisa reserve (D) withrespect toanyinsured depository 2021 P ronske ’ s T exas B ptcy ankru U.S. CODE BANKRUPTCY , A Sec. 101Definitions nnot a ted

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person orbody, includingapersonorbodyappointed reorganization orliquidation. by aforeign forthepurposeof court, or supervision the assetsandaffairsofdebtorare subjecttocontrol or adjustment of debt in which proceeding including aninterimproceeding, underalawrelating to judicial oradministrative proceeding inaforeign country, Improvement Act of1991). 402 oftheFederal Deposit Insurance Corporation the dateoffilingpetition;or time oronanydayduringthe15-monthperiodpreceding agreement ortransactionreferred toinsubparagraph(A), transaction referred toinsubparagraph(A)or(B); referred toinsubparagraphs(A) and (C); agreement; transaction, unallocated transaction, or any other similar hedge transaction,deposit,loan,option,allocated defined inthissection) [,]consignment,lease,swap, repurchase transactionisa“repurchase agreement”, as transaction (whetherornotsuchrepurchase orreverse but notlimitedto,arepurchase orreverse repurchase days after the date the contract is entered into,including, byproduct thereof, withamaturitydatemore thantwo contracttrade,orproductof dealingintheforward or which ispresently orinthefuture becomesthesubject right,orinterest service, or anysimilargood,article, of acommodity, asdefinedinsection761(8)ofthistitle, defined insection761)forthepurchase, sale,ortransfer foreign proceeding. debtor’s assetsoraffairstoactasa representative ofsuch to administerthereorganization ortheliquidationof on aninterimbasis,authorized inaforeign proceeding st E (24) Theterm “foreign representative”a means (23) Theterm “foreign proceeding” meansacollective (25) Theterm contract”“forward means— dition (B) aclearingorganization(asdefinedinsection (D) amasteragreement thatprovides foran (C) any option to enter into an agreement or (B) any combination of agreements or transactions (A) acontract(otherthancommoditycontract,as 4/13/2021 11:48:41 PM U.S. Bankruptcy Code 4/13/2021 11:48:41 PM 15 dition E st — 21 ted a nnot A , , ancillary ambulatory, emergency, or surgical emergency, ancillary ambulatory, ankruptcy (V) domiciliary facility; and care to a (VI)is related institution that health care (I) general or specialized hospital; hospital; (I) general or specialized (II) hospice; (III) (IV) home health agency; and (V) institution that is similar to other health care (I) skilled nursing facility; facility; (II) intermediate care (III) assisted living facility; (IV) home for the aged; B (ii) any long-term care facility, including any— including facility, (ii) any long-term care (A) property commonly conveyed with a principal with (A) property commonly conveyed (B) all easements, rights, appurtenances, fixtures, or additions. (C) all replacements (B) includes— exas (30) The term “individual with regular income” means regular income” (30) The term “individual with (27B) The term “incidental property” means, with (27B) The term “incidental property” means mortgage, deed of (28) The term “indenture” trustee means trustee” “indenture term The (29) T s ’ regular individual whose income is sufficiently stable and to enable such individual to make payments under a plan or under chapter 13 of this title, other than a a commodity broker. (I), (II), (III), (IV), to in subclause or (V),facility referred room, offering if that institution is primarily engaged in or personal assistance with activities of laundry, board, daily living. daily living and incidentals to activities of principal residence— to a debtor’s respect property is located; the real where in the area residence or profits, mineral rights, oil or gas rights royalties, rents, and funds, or insurance proceeds; water rights, escrow is outstanding a under which there trust, or indenture, other than a voting-trust certificate, constituting security, a lien on any by a claim secured a claim against the debtor, or an equity security of the debtor. property, of the debtor’s under an indenture. any— (i) facility;treatment (I), (II), (III), or (IV); to in subclause andan entity referred ronske TITLE 11 TITLE 2021 P . 101. Definitions Sec U.S. BANKRUPTCY CODE U.S. (i) the diagnosis or treatment of injury, deformity, deformity, of injury, (i) the diagnosis or treatment or psychiatric, (ii) surgical, drug treatment, (A) means any public or private entity (without (A) means any public or private (E) any security agreement or arrangement, or other (E) any security agreement (27A) The term “health care business”— business”— (27A) The term “health care (27) The term “governmental unit” means United States; United means unit” “governmental (27) The term (26) The term “forward contract merchant” means a “forward merchant” contract (26) The term and obstetric care; regard to whether that entity is organized for profit or profit for organized is entity that whether to regard that is primarily engaged in offering to the not for profit) general public facilities and services for— or disease; and the United States (but not a United States trustee while States United a not (but States United the serving a as a trustee in a case under this title), a State, or a a municipality, Territory, a a District, Commonwealth, or domestic government. state; or other foreign foreign or interest which is presently or in the future becomes the or in the future which is presently or interest subject of dealing in the forward contract trade. municipality; Territory; District; Commonwealth; State; or instrumentality of state; department, agency, foreign measured in accordance with section 562. in accordance measured reserve bank, or an entity the business of which Federal consists in whole or in part of entering into forward (as defined in a commodity contracts as or with merchants in section 761) or any similar good, article, service, right, any guarantee or reimbursement obligation by or to a obligation by any guarantee or reimbursement or financial participantforward merchant contract in to or transaction referred connection with any agreement damages the in any such subparagraph, but not to exceed or transaction, in connection with any such agreement contract under this paragraph only with respect to each to paragraph only with respect contract under this or transaction under such master agreement agreement to in subparagraph (A), (B), or (C); or that is referred or transaction to any agreement enhancement related credit (D), includingor (C), (A), (B), subparagraph in to referred (B), or (C), together with all supplements to any such any to supplements all with together (C), or (B), to whether such master without regard master agreement, that or transaction for an agreement provides agreement that forwarda not is except paragraph, this under contract to be a forward shall be considered such master agreement 01_us_code.indd 15 01_us_code.indd 16

U.S. Bankruptcy Code the debtor; creditors; and with intenttohinder, delay, ordefraudsuchentity’s such entity’s property, atafairvaluation, exclusive of— that thesumofsuchentity’s debts is greater thanallof andamunicipality,partnership financialconditionsuch affiliate were thedebtor;and the debtororrelative ofanelectedofficialthedebtor; partner; of, orpersonincontrol ofthedebtor; or personincontrol ofthedebtor; partner; officer, orpersonincontrol; partner; 16 (31) Theterm“insider” includes— (32) Theterm“insolvent” means— (A) ifthedebtorisanindividual— (A) withreference toanentityotherthana (F) managingagentofthedebtor. (E) affiliate,orinsiderofanaffiliateasifsuch (D) ifthedebtorisamunicipality, electedofficialof (C) ifthedebtorisapartnership— (B) ifthedebtorisacorporation— 2021 P (ii) partnership inwhichthedebtorisageneral (ii) partnership (i) relative of ofthedebtororageneralpartner (i) property transferred,(i) property concealed,orremoved (v) personincontrol ofthedebtor; ofthedebtor;or (iv) generalpartner inwhichthedebtorisageneral (iii) partnership (ii) relative in,generalpartner ofageneralpartner inthedebtor; (i) generalpartner (vi) relative of a general partner, director, officer, ofthedebtor;or (v) generalpartner inwhichthedebtorisageneral (iv) partnership (iii) personincontrol ofthedebtor; (ii) officerofthedebtor; (i) director ofthedebtor; (iv) corporationof which thedebtor is adirector, ofthedebtor;or (iii) generalpartner ronske ’ s T exas B ptcy ankru U.S. CODE BANKRUPTCY , A Sec. 101Definitions nnot a ted

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paragraph, over suchpartner’s debts;and nonpartnership of the kind specifiedproperty in subparagraph (A) ofthis general partner’s property, nonpartnership exclusive of this paragraph;and ofthekindspecifiedinsubparagraph(A)(i) property greater thantheaggregate of, atafairvaluation— condition suchthatthesumofpartnership’s debtsis of theestateundersection522thistitle; under title35; case ofparagraphs(21B)and(33)(A)thissubsection). the Federal Deposit Insurance Act; and given itinsection101(7)oftheFederal Credit Union Act. Union Act. meaning given it in section 206(r) of the Federal Credit of theFederal Deposit Insurance Act; and Insurance Act), hasthemeaninggiven itinsection3(u) (as definedinsection3(c)(2)ofthe Federal Deposit unless suchdebtsare thesubjectofabonafidedispute;or condition suchthatthemunicipalityis— st E (35A) Theterm“intellectualproperty” means— institution”—(35) Theterm“insured depository (34) Theterm“insured credit union” hasthemeaning party”—(33) Theterm“institution-affiliated dition (C) withreference toamunicipality, financial (B) withreference toapartnership, financial (E) work ofauthorshipprotected undertitle17;or (D) plantvariety; (C) patentapplication; (B) invention, process, design,orplantprotected (A) tradesecret; (B) includesaninsured credit union (except inthe (A) hasthemeaninggiven itinsection3(c)(2)of (B) withrespect toaninsured credit union,hasthe (A) withrespect institution toaninsured depository (ii) thesumofexcess ofthevalue ofeach (i) allofsuchpartnership’s property, exclusive of thatmaybeexempted(ii) property from property (ii) unabletopayitsdebtsastheybecomedue. (i) generallynotpayingitsdebtsastheybecomedue 4/13/2021 11:48:41 PM U.S. Bankruptcy Code 4/19/2021 7:58:50 PM

- - 17

dition E st wner of an asset of— — 21 eported in the then current ed compensation plan, as ted a nnot A patient records” means any record means any record patient records” , , patient” means any individual who patient” yee pension benefit plan that is a yee personally identifiable information” personally identifiable information” person” includes individual, partner includes individual, person” es an asset from a person— es an asset from esult of the operation of a esult of the operation of a loan guarantee eceiver or liquidating agent of a person; eceiver ankruptcy B (i) as a r (ii) as r (i) an emplo (ii) an eligible deferr in section 457(b) of the Internal Revenue Code of Revenue in section 457(b) of the Internal

(A) (A) acquir (B) (C) is the legal or beneficial o (A) the median family income both calculated and (A) the median family and r (B) if not so calculated exas (41A) The term “ (40B) The term “ (41) The term “ (40) (40A) The term “ T s ’ ship, and corporation, but does not include governmental and corporation, but does not include governmental ship, unit that— that a governmental unit, except nection with obtaining a product or a servicenection with obtaining a product the debtor from or household purposes— primarily for personal, family, means— an individualtothedebtorincon by provided if a or document written a including patient, a to relating in a magnetic, optical, or other form of recorded record medium. electronic or agreement; on behalf of the debtor or an affiliate of the debtor; or or by payable pension benefit of a guarantor is a plan, as defined in section 414(d) of the governmental Code of 1986; or Revenue Internal defined for purposes of section 1102 of this1986; shall be considered, to such asset or such benefit.title, to be a person with respect then most of the Census in the the Bureau by reported and year; recent until the year after such most recent adjusted annually year, family income is both calculated in which median next year the of the Census, to reflect Bureau the by and reported for All Index change in the Consumer Price percentage occurring after Consumers during the period of years Urban year. such current and before year such most recent subdivision or public agency or instrumentality of a State. political means “municipality” term The services business. a health care obtains or receives from ronske TITLE 11 TITLE 2021 P Sec. 101. Definitions Sec. U.S. BANKRUPTCY CODE U.S. ” means lien obtained by by ” means lien obtained master netting agreement master netting agreement eement providing for the exercise for the exercise eement providing ” means charge against or interest or interest ” means charge against median family income” means for median family income” master netting agreement”— master netting agreement”— mask work” has the meaning given it has the meaning given mask work” margin payment” means, for purposesmargin payment” eement contains provisions relating to relating eement contains provisions means an entity that, at any time before means an entity that, at any time before

(A) means an agr (F) (39A) The term “ (39) The term “ (38B) The term “ (B) if the agr (38A) The term “ (37) The term “lien (38) The term “ (36) The term “judicial lien (36) The term “judicial any year— participant” the date of the filing of the petition, is a party to an debtor. with the outstanding master netting agreement in section 901(a)(2) of title 17.

not contracts described or transactions that are agreements beshall 561(a), section (5) of through (1) paragraphs in only with respect agreement netting master be a to deemed described in any or transactions that are to those agreements (5) of section 561(a). of paragraphs (1) through one or more liquidation, of rights, including rights of netting, setoff, under or in termination, acceleration, or close out, described contracts that are connection with one or more of (5) (1) through paragraphs of more any one or in or arrangement agreement security any or 561(a), section of more or one to related enhancement credit other or including any guarantee or reimbursement the foregoing, and of the foregoing; to 1 or more obligation related

payment of a debt or performance in property to secure of an obligation. of this title, payment orof the forward contract provisions that is commonly deposit of cash, a security or other property, in the forward contract trade as original margin, initialknown including margin, margin, maintenance margin, or variation payments. payments, or variation mark-to-market nonbankruptcy applicable by law. to the extent protected 17;title of 9 underchapter protected mask work sequestration, or other legal or equitable judgment, levy, or proceeding. process 01_us_code.indd 17 01_us_code.indd 18

U.S. Bankruptcy Code residence ofsuchindividual; resulting from alawfulchangeofname; ortimeofadoption, individual, whethergiven atbirth adoptive relationship withinsuchthird degree. determined by thecommonlaw, orindividual inastepor by affinityorconsanguinitywithinthe third degree as owner oftrackagefacilitiesleasedby suchacommoncarrier. or ofindividualsorproperty engaged inthetransportation transferee ofsuchatransferee. transfer,voluntary and includes immediate or mediate om aspecified volume, oraspecified value, from property, and determined without regard to production costs. the liquidorgaseoushydrocarbon produced from such contingent on the production of a liquid or gaseous hydrocarbon real from particular and property; overriding royalty satisfiableincashorkind— The term “petition” means petition filed under may be,commencingacaseunderthistitle. section 301,302,303,or1504ofthistitle,asthecase identifying suchindividualphysicallyorelectronically. individual that,ifdisclosed,willresult incontactingor or oradoption,aplaceofbirth; birth items ofinformationspecifiedinsubparagraph(A)— such individual;or a telephone number dedicated to contacting such individual;or such individualatphysicalplaceofresidence; address) ofsuchindividual; 18

(45) Theterm“ (44) Theterm“ (43) Theterm“ (42A) Theterm“ (42) (B) fr (A) (B) ifidentifiedinconnectionwith1ormor 2021 P (ii) thegeographicaladdr (i) thefirstname(orinitial)andlastofsuch (ii) anyotherinformationconcerninganidentified (i) abir (vi) theaccountnumberofacr (v) asocialsecurityaccountnumberissuedto (iv) (iii) anelectr ronske th date, the number of a certificate of th date,thenumberofacertificate railroad” meanscommoncarrierby railroad ’ production payment” meansaterm relative” meansindividualrelated purchaser” meanstransferee ofa onic address (includingane-mail s T exas B ptcy ankru ess ofaphysicalplace U.S. CODE BANKRUPTCY edit card issuedto , A Sec. 101.Definitions nnot a e ofthe ted

TITLE 11 —21

transfer orondemand,againsttheoffunds; notlaterthan1year aftersuchclause, atadatecertain , orinterestsmortgage of the kind described in this of deposit,eligible bankers’ acceptance, securities, transferee totransferthetransferor thereof certificates or , withasimultaneousagreement by such eligible bankers’ loans, acceptances,securities,mortgage funds by thetransferee ofdeposit, ofsuchcertificates any agencyoftheUnited States againstthetransferof of, orthatare fullyguaranteedby, theUnited States or Development), orsecuritiesthatare direct obligations of theOrganization forEconomic Cooperationand guaranteed by, thecentralgovernment ofamember security thatisadirect obligationof, orthatisfully qualified foreign government securities(definedas a loans,eligiblebankers’or mortgage acceptances, loans,interests relatedmortgage inmortgage securities in section3oftheSecurities Exchange Act of1934), relatedof deposit,mortgage securities(asdefined provides forthetransferofoneormore certificates definition alsoappliestoa reverse repurchase agreement)— outstanding repurchase agreement withthedebtor. that, atanytimebefore thefilingofpetition,hasan with respect toeachagreement ortransaction underthe to bea repurchase agreement underthisparagraphonly except thatsuchmasteragreement shallbeconsidered that isnotarepurchase agreement underthisparagraph, agreement provides foranagreement ortransaction agreement, withoutregard towhethersuchmaster (iii), togetherwithallsupplementstoanysuchmaster agreement ortransactionreferred toinclause(i),(ii),or transaction referred toinclause(i) or(ii); referred toinclauses(i)and(iii); st E (47) Theterm (46) Theterm“ dition (A) means— (i) anagr (iv) amasteragr (iii) anoptiontoenterintoagr (ii) anycombinationofagr eement, includingrelated terms,which repo participant” meansanentity “repurchase agreement” (which eement thatprovides foran eements ortransactions eement or 4/19/2021 7:58:50 PM U.S. Bankruptcy Code 4/19/2021 7:58:50 PM 19

dition E st — 21 est commonly known as est commonly known ted a tificate of a kind specified chase or sell a commodity; nnot settlement payment” means, for settlement payment” A , , security interest” means lien created means lien created security interest” est of a limited partner limited in a ency, check, draft, bill of exchange, or check, draft, bill of exchange, ency, estment contract or certificate of interest orestment contract or certificate of interest tificate of deposit for security; tificate of deposit for erage transaction, as defined in section 761 erage transaction, as defined in section 761 commodity futures contract or forwardor contract futures commodity ankruptcy B (i) curr (ii) lev (iii) to or (iv) option, warrant, or right to subscribe (v) option to pur (vi) contract or cer (vii) debt or evidence of indebtedness for goods (xi) cer (xii) inv (xiii) inter (xiv) other claim or inter (x (B) does not include— exas (51) The term “ (51A) The term “ (50) T s ’ agreement. an by title, this of forwardthe of purposes provisions contract a preliminary settlement payment, a partial settlement bank letter of credit; of this title; contract; contract; or sell a commodity futures purchase not that is of this paragraph in subparagraph (A)(xii) statement filed to be the subject of a registration required is not Commission and and Exchange with the Securities of 1933 Act under section 3(b) of the Securities exempt a statement; or to file such the requirement from or servicessold and delivered rendered. for a security interest. or provides that creates agreement means agreement” “security term The an oil, gas, or or in participation agreement in a profit-sharing is required or interest or lease, if such contract mineral royalty the with filed statement registration a of subject the be to under the provisions Commission and Exchange Securities under section 3(b) of 1933, or is exempt Act of the Securities file such a statement; to the requirement from of such Act partnership; and “security”; warrant or receipt for, temporary or interim certificate for, or sell, a security; but or right to subscribe to or purchase orparticipationv) certificate in, ofinterest

ronske TITLE 11 TITLE 2021 P Sec. 101. Definitions Sec. U.S. BANKRUPTCY CODE U.S. epurchase obligation under epurchase e; eement or arrangement or eement or arrangement securities self regulatory ust certificate; security”— security”— securities clearing agency” means person securities clearing agency” means either a securities association means either a securities association e-organization certificate or subscription; tificate of deposit; easury stock;

oting-trust certificate; (i) note; (i) stock; (ii) ; (iv) ; (v) (iii) tr (vi) collateral tr (vii) pr (viii) transferable shar (ix) v (x) cer (v) any security agr (A) includes— (B) does not include a r (49) The term “ (48A) The term “ (48) The term “

the Securities and Exchange Commission under section 6 and Exchange the Securities of 1934. Act Exchange of the Securities

organization” Commission and Exchange with the Securities registered of Act Exchange under section 15A of the Securities with registered 1934 or a national securities exchange

a participation mortgage in a commercial loan. agency under section 17A of as a clearing that is registered such from of 1934, or exempt Act Exchange the Securities the of under such section pursuant to an order registration Commission, or whose business is and Exchange Securities confined to the performance of functions of a clearing agency securities, as defined in section 3(a) to exempted with respect for the purposes of such section 17A.(12) of such Act master agreement that is referred to in clause (i), (ii), or in clause (i), (ii), or to that is referred master agreement (iii); or or to any agreement related enhancement other credit or (iv), to in clause (i), (ii), (iii), transaction referred obligation or reimbursement including any guarantee participant or financial participant or to a repo in by or transaction referred connection with any agreement the damages exceed not to but such clause, in any to or transaction, in connection with any such agreement with section 562 of this title; and in accordance measured 01_us_code.indd 19 01_us_code.indd 20

U.S. Bankruptcy Code contracttrade. commonly usedintheforward net settlementpayment,oranyothersimilarpayment payment onaccount,afinalsettlementpayment, payment, aninterimsettlement a settlement (15 U.S.C.78c)). defined insection3ofthe Securities Exchange Act of1934 Securities Exchange Act of1934;or reporting requirements undersection13or15(d)ofthe (excluding debtowed to1ormore affiliatesorinsiders); unsecured debtsinanamountgreater than$2,725,625 that hasaggregate noncontingentliquidatedsecured and commercial orbusinessactivitiesofthedebtor;and insiders) notlessthan50percent ofwhicharose from the $7,500,000 (excluding debtsowed to1ormore affiliates date oftheorder forrelief inanamountnotmore than debts asofthedatefilingpetitionor aggregate noncontingentliquidatedsecured andunsecured is thebusinessofowning singleassetreal estate)thathas activity this titleandexcluding apersonwhoseprimary any affiliateof suchpersonthatis alsoadebtorunder engaged incommercial orbusinessactivities(including chapter 11ofthistitleshallapply. business debtorandhasnotelectedthatsubchapter V of under chapter 11 of this title in which the debtor is a small activities incidentalthereto. than thebusinessofoperatingreal and property substantial business is being conducted by a debtor other of adebtorwhoisnotfamilyfarmerandonwhichno units, whichgeneratessubstantiallyallofthegross income than residential real withfewer than4residential property orproject, constitutingasingleproperty property other 20 (51B) Theterm “single asset real estate” means real (51D) Theterm “small businessdebtor”— (51C) Theterm “small businesscase” meansacasefiled (B) doesnotinclude— (A) subjecttosubparagraph(B),meansaperson 2021 P (iii) any debtor that is an affiliate of an issuer (as (iii) anydebtorthatisanaffiliateofissuer(as (ii) anydebtorthatisacorporationsubjecttothe (i) anymemberofagroup ofaffiliateddebtors (II) isanaffiliateofadebtor. ronske ’ s T exas B ptcy ankru U.S. CODE BANKRUPTCY , A Sec. 101Definitions nnot

a ted

TITLE 11 —21

defined insection741ofthistitle;and or lienismadefullyeffective by statute. is dependent on a statute and whether or not such interest lien, whetherornotsuchinterest orlienisprovided by or statutory, butdoesnotincludesecurityinterest orjudicial conditions, orlienofdistress forrent, whetherornot solely by force ofastatuteonspecifiedcircumstances or defining whomaybeadebtorunderchapter9ofthistitle. Columbia andPuerto Rico,except forthepurposeof forward agreement;forward swap, option,future, agreement; orforward swap, option,future, agreement; orforward agreement;or forward future, agreement; orforward agreement;forward or othercommodityagreement; orother foreignnext, forward, exchange, precious metals, collar, cross-currency rateswap, andbasisswap; agreement,forward including a rate floor, rate cap, rate incorporated by reference insuchagreement, whichis— for suchperson’s own account. transactions insecurities— st E (53A) Theterm “stockbroker” meansperson— (53) Theterm lien”“statutory meanslienarising (52) Theterm“State” includesthe District of (53B) Theterm “swap agreement”— dition (B) thatisengagedinthebusinessofeffecting (A) withrespect towhichthere isacustomer, as (A) means— (i) any agreement, including the terms and conditions (i) anyagreement, includingthetermsandconditions (ii) withmembersofthegeneralpublic,from or (i) fortheaccountofothers;or (VIII) aweather swap,(VIII) option,future, or acommodityindexor (VII) atotalreturn, credit(VI) spread orcredit adebtindexor swap, option,future,(V) anequityindexorswap,(IV) option, (III) acurrency swap, option, future, or (II) aspot,sameday-tomorrow, tomorrow- (I) aninterest rateswap, option,future, or 4/13/2021 11:48:41 PM U.S. Bankruptcy Code 4/13/2021 11:48:41 PM 21 dition E st — 21 ted a nnot A , , ankruptcy B (A) the creation of a lien; (A) the creation of title as a security interest; (B) the retention equity of of a debtor’s (C) the foreclosure (B) is applicable for purposes of this title only, and purposes of this title only, (B) is applicable for exas (53D) The term “timeshare plan” means and shall include plan” “timeshare (53D) The term (56A) The term “term overriding royalty” means an means royalty” overriding “term term The (56A) means— “transfer” (54) The term (53C) The term “swap participant” means an entity “swap participant” (53C) The term T s ’ or redemption; outstanding swap agreement with the debtor. with the debtor. outstanding swap agreement in place or to in liquid or gaseous hydrocarbons interest property that entitles the particular from real be produced thereof, or the value of production, to a share thereof owner realized. or value time, quantity, for a term limited by in any arrangement, plan, scheme, or purchased that interest whether programs, similar device, but not including exchange in common, sale, lease, tenancy agreement, membership, by license, right to use agreement, agreement, deed, rental in exchange a purchaser, any other means, whereby or by use accommodations, a right to for consideration, receives or sites, whether improved facilities, or recreational year than a full for a specific period of time less unimproved, but not necessarily for consecutive year, during any given years. three than a period of more for extends which and years, in a timeshare purchased is that interest interest” A “timeshare the right to use and occupyplan which grants the purchaser whether sites, recreational accommodations, facilities, or plan. pursuant to a timeshare or unimproved, improved with any such agreement or transaction, measured in or transaction, measured with any such agreement with section 562; and accordance shall not be construed or or applied so as to challenge of any treatment definition, or affect the characterization, or any other statute, regulation, under swap agreement the Legal Act, rule, including the Gramm-Leach-Bliley the securities of 2000, Act Products Certaintyfor Bank 3(a)(47) of the laws (as such term is defined in section of 1934) and the Commodity Act Exchange Securities Act. Exchange the filing of the petition, has an that, at any time before ronske TITLE 11 TITLE 2021 P . 101. Definitions Sec U.S. BANKRUPTCY CODE U.S. (I) is of a type that has been, is presently, or (I) is of a type that has been, is presently, option, or spot future, (II) is a forward, swap, (IX) an emissions swap, option, future, or option, future, swap, (IX) an emissions or option, future, swap, (X) an inflation (vi) any security agreement or arrangement or or arrangement agreement (vi) any security (v) a master agreement that provides for an that provides (v) a master agreement (iii) any combination of agreements or (iii) any combination of agreements or agreement an into enter to option any (iv) (ii) any agreement or transaction that is similar (ii) any agreement with any agreement or transaction referred to in any in to referred transaction or agreement any with the damages in connection such clause, but not to exceed or to any agreements enhancement related other credit (v), including to in clause (i) through transactions referred or to a obligation by any guarantee or reimbursement swap participant participant or financial in connection agreement contains an agreement or transaction that is contains an agreement agreement that under this paragraph, except not a swap agreement swap a be to be considered shall agreement master the to each under this paragraph only with respect agreement agreement master the under transaction or agreement to in clause (i), (ii), (iii), or (iv); or that is referred transaction referred to in this subparagraph; transaction referred (iii), (i), (ii), in clause to referred transaction or agreement or (iv), together with all supplements to any such master to whether the master and without regard agreement, contingency associated with a financial, commercial, or commercial, contingency associated with a financial, indices financial or economic or consequence, economic value; or of economic or financial risk or measures to in this subparagraph; transactions referred commodities, rates, currencies, transaction on one or more equity securities, or other equity instruments, debt instruments,debt measures other or securities quantitative or an occurrence, extent of associated with an occurrence, to any other agreement or transaction referred to in this or transaction referred to any other agreement paragraph and that— dealings of recurrent the subject becomes, in the future (including terms markets or other derivatives in the swap and therein); reference and conditions incorporated by or forward agreement; forward agreement; 01_us_code.indd 21 01_us_code.indd 22

U.S. Bankruptcy Code with— parting orinvoluntary,conditional, voluntary ofdisposingor agencies” within the meaningofsection101(12A)). Justice Sotomayor waspendingbeforedistrictcourt.). appeal had heldahearingontheowner’s objection, whilehis thespecialcounselandbankruptcyto employ court purchase aproofofclaim untilaftertrusteehadsought special counselasacreditor, did not wheretheowner of a to lack standing toobject to theappointment 7bankruptcy proceedingheld a debtorinChapter (5th Cir. 2018, under theFair DebtCollectionPractice Act). or misleading” or “unfair” or “unconscionable” time-barred proof of claim is not “false, deceptive, 1407 (May 15, 2017, claimants, wasthe “creditor” ofdebtor). of HealthcareandFamily Services, notchildsupport Judge CarolynDineenKing possessions oftheUnited States. of theUnited States extends,includingterritoriesand sense, includesalllocationswhere thejudicialjurisdiction not insured by theFederal Deposit Insurance Corporation. Federal Deposit Insurance Act) thedepositsofwhichare means aState memberbank(asdefinedinsection3ofthe 22 (55) “United States”, whenusedinageographical (54A) Theterm “uninsured State memberbank” Milavetz v. U.S. Matter ofTechnicool Sys., Inc. Midland Funding, LLCv. Johnson In reClark (D) eachmode,direct orindirect, absoluteor 2021 P (ii) aninterest inproperty. or (i) property; ronske Judge Don. R. Willett , 921F.3d 566(5thCir. Apr. 3, 2019, Section 101(12A) Section 101(10) Section 101(5) ’ s , 130 S. Ct. 1324 (Mar. 8, 2010, ) (attorneys are ) (attorneys “ T Justice Breyer exas B ptcy ankru ) (IllinoisDepartment U.S. CODE BANKRUPTCY ) (The owner of ) (Theowner , 896F.3d 382 ) (thefilingofa , A Sec. 101Definitions , 137S. Ct. nnot a ted

TITLE 11 —21

of preferredstockwasheldto be arightto sell a 11debtortorepurchasetheirshares a Chapter Tex., Oct. 31, 2003)(shareholders’rightstorequire includes bankruptcy attorneys). agency,” asusedinBAPCPA insection101(12A), July 26, 2006, defined bysection101(12A)). qualify as (attorneys “debt relief agencies,” as 18, 2008) ( (5th Cir., Dec. Corp. an interestinthedebtor). prevail over the claim ofthe same interest if it is status shareholder’s claims intheirentirety). ofthethus wereheldtowarrantthedisallowance over the debt/claim of such interests, status and aparticularprice,warrants at wereheldto prevail demand repurchaseofadebtor’s preferredstock to redemptionofadebtor’s preferredstockandto interests inaChapter 11 debtor, arisingfromrights a righttosellsecurity). the definition of “equity security” includs a warrant or section 101(16), warrantsweresecuritiesand inthat Code’s definition of “equity security,” containedin particular pricewereheldtofallwithinBankruptcy a thedebtorrepurchasesuchwarrantsat that debtortodemand warrants issuedbyaChapter 11 of theBankruptcy Code). “equity securities” as defined by section101(16) contractualrights,preferred stockandattendant security, andthereforeshareholdershad, in their st E . . . Carrier v. Jobs.Com, Inc. Hersh v. UnitedStates Hersh v. UnitedStates In re Search Financial Services Acceptance In reSearchFinancialServices dition

. , 2000 WL 256889, 43Collier Bankr. Cas. 2d . .

. . .

(the equity security status of a shareholder’s(the equity security status (the equity security status ofaninterestwill (the equitysecuritystatus (the rightsofholderspreferredstock Judge Godbey Section 101(16) , 347B.R. 19(N.D. Tex., ) (theterm “debt relief , 2008 WL 5255905 , 301 B.R. 187(N.D. Judge Garwood )

4/13/2021 11:48:41 PM U.S. Bankruptcy Code 4/13/2021 11:48:41 PM ) (the , 294 294 , 23 , 309 B.R. 309 B.R. , , 936 F.3d 936 F.3d , dition E Judge Emilio Judge Emilio st , 211 B.R. 860, 38 860, 211 B.R. , Judge Edith Brown Judge Edith Brown — 21 ted (a municipality held not Judge Harlin D. Hale D. Judge Harlin a nnot A , , Section 101(43) Section 101(51B) Section 101(51A) Section 101(32)(C) Section 101(49)(a)(xiv) ankruptcy ) (the definition of settlement payments in ) (the definition of settlement payments in B ) (claimant’s right to receive, as “deemed “deemed as receive, right to ) (claimant’s exas Ad Hoc Group of Timber Noteholders v. The The Noteholders v. Ad Hoc Group of Timber Singleton v. Abussad (In re Abussad) (In re Abussad v. Singleton L.L.C. In the Matter of Linn Energy, Morgan Stanley Capital Group, Williams v. In re Town of Westlake, Tex. of Westlake, In re Town T s ’ section 101(51A) was intended to be broad). Co., (In re Scotia Pacific Lumber Co. Pacific 2004, Tex., N.D. 895 (Bankr. avoidance section 549(c) exception to the trustee’s contained “purchaser” by definition of powers applies, only to transferees in a voluntary in section 101(43), sale). Sept. 334 (5th Cir. 2019, 3, Clement a percentage of bankrupt company’s dividend,” “security”; requisite but-for profits was in nature of and prior damagesexisted between nexus claim had to be and thus the claim securities transaction, subordinated). Co.) Gas Natural Olympic of (Matter Inc. Rep. Dec. L. Ct. Bankr. 39 Bankr. 221, 737, F.3d June 28, 2002, P 78,683 (5th Cir., Garza M. for the future purchase or sale of commodities that or sale of commodities that for the future purchase the rules of a contract market or are not subject to board of trade). Dec. 407, Ct. 31 Bankr. 2d 1046, Cas. Bankr. Collier 1997). Tex. Rep. N.D. Ct. (Bankr. 394 Bankr. Tex. 11 McGuire Judge Robert C. 101(32)(C), of section meaning the under “insolvent” and therefore not qualified to be a Chapter 9 debtor under section 921(c)). ronske TITLE 11 TITLE , 294 294 , 2021 P . 101. Definitions Sec (unredeemed Judge Emilio Judge Emilio U.S. BANKRUPTCY CODE U.S. Judge A. Joe Fish Judge A. ) (the term “gross income,” as as “gross income,” ) (the term Section 101(25) Section 101(20) , 310 B.R. 809 (Bankr. S.D. Tex. 2004, 2004, Tex. S.D. 809 (Bankr. 310 B.R. , ) (certain pre-petition payments made by by ) (certain pre-petition payments made (in order to qualify for an exemption to a (in order to qualify for an exemption to a (the distinction between forward contracts contracts forward between distinction (the

. .

. .

Williams v. Morgan Stanley Capital Group, Morgan Stanley Capital Group, Williams v. . . In re Fonke F.3d 737, 39 Bankr. Ct. Dec. 221, Bankr. L. Rep. Rep. Dec. L. Ct. Bankr. 39 Bankr. 221, 737, F.3d June 28, 2002, P 78,683 (5th Cir., market or board of trade, and leverage transactions, and leverage transactions, market or board of trade, forward contracts are contracts by contrast, and that, for purposes of qualifying commodity contracts, and under the preference defense contained in section is that commodity contracts encompass 546(e), purchases and sales of commodities for future a contract or subject to the rules of, delivery on, a party preference action under section 546(e), “forward contract establish both thatmust is a it and that the transfer sought to be merchant,” “settlement payment”). avoided is a M. Garza M. held to the debtor within 90 days of bankruptcy “forward under a “settlement payments” qualify as so as to create a defense to a preference contract,” action under section 546(e)). Co.) Gas Natural Olympic of (Matter Inc. used in the section 101(20) definition of “farmer” “farmer” of used in the section 101(20) definition as anyderives at debtor who least 80 percent of his operationgross income from farming defined over all income from whatever includes period of time, gains derived from dealings including source derived, in property). redemption becomes a liability only after it expires). redemption becomes a liability only after Judge Marvin Isgur 1412 (N.D. Tex. 2000). 2000). Tex. 1412 (N.D. redemption by the debtor if the warrants requiring period certain a within exercised not were warrants “equity characterized as of time were properly as opposed to under section 101(16), securities” because a warrant providing for mandatory “claims,” 01_us_code.indd 23 01_us_code.indd 24

U.S. Bankruptcy Code forth insection362(d)(3)). procedures setsubject to expedited reorganization is definedin101(51B)oftheBankruptcy Code, debtor,was asingleassetrealestate term asthat ( LLC) prior jurisprudence, thosepassivetypesofactivities property andactivitiesincidental thereto. Under the active business, thereal otherthanmerelyoperating mustnotbeconductingany theowner in nature; mustbepassiverevenues receivedbytheowner debtor). asset realestate prong,debtor failstomeetany itisnota single real propertyandactivitiesincidentalthereto. Ifa theconducted otherthanthebusinessofoperating and (3)onwhichnosubstantialbusinessis substantially all of the gross income of the debtor, fewer than4residentialunits), (2)which generates project (otherthanresidentialrealpropertywith real propertyconstitutingasingleor debtor:asset realestate (1)thedebtormusthave all be met for a debtor to be considered a single must provides3requirementsthat Rule 101(51B) asset realestate). labor andefforts, shouldnotberegarded as single substantialrevenuewithoutsuchwould notgenerate or additionaltotheprincipalsofdebtor, andthat otherthan ofworkersandmanagers day employment ofrevenues,generation requirestheactive, day-to- single assetrealestate. Realpropertythat, forthe by thedebtorasproperty’s andthusis owner and passivelyreceivedasinvestmentincome issimplythus isnotsingleassetrealestate—or of entrepreneurial, activelaborandeffort—and property, is, that whether therevenueis the product onandbythe ofrevenuegeneration into thenature inquiresto anactive-versus-passivecriterionthat debtorundersection101(51B)accordingreal estate 24 Judge W. EugeneDavis . . .

, 2007 WL 3349093(5thCir., 2007) Nov. 13,

. . . 2021 P

. (courtadoptedadefinitionofsingleasset . .

(in order to be single asset real estate, the (Fifth Bankruptcy Circuitfoundthat ronske ’ s T exas B aCatr 11debtor ) (aChapter ptcy ankru Sec. 102Rules ofConstruction U.S. CODE BANKRUPTCY , A nnot a ted

TITLE 11 —21

Sec. 102Rules ofConstruction defining whomaybeadebtorunderChapter 9). includes PuertoRico, exceptforthe purposeof of “State,” section101(52), asamendedin1984, 13, 2016, June California Tax-Free Trust grass andwaitingforthemarkettoturn). somemarketingactivity,perhaps or. activities suchasarrangingformaintenanceor are themerereceiptofrentandtrulyincidental used insuchothersection;and purpose ofsuchreference, affectthemeaning ofaterm that refers toanothersectionofthistitle,doesnot,forthe relief; ofthedebtor; property authorizes suchact; commenced before suchactmustbedone,andthecourt ininterest;party or such noticeisgiven properly andif but circumstances;hearing asisappropriate intheparticular fora circumstances, andsuchopportunity the particular In thistitle st E (8) adefinition,containedinsectionofthistitle (7) thesingularincludesplural; ofanorder for meansentry (6) “order forrelief” (5) “or” isnot exclusive; (4) “may not” isprohibitive, andnotpermissive; (3) “includes” and“including” are notlimiting; (2) “claim againstthedebtor” includesclaimagainst (1) “after noticeandahearing”, orasimilarphrase Commonwealth ofPuertoRicov. Franklin dition (B) authorizes anact without anactual hearing if (A) meansaftersuchnoticeasisappropriate in (ii) there isinsufficienttimeforahearingtobe (i) suchahearingisnotrequested timelyby a Section 101(52) Justice Thomas , 136S. Ct. 1938(U.S., ) (thedefinition

.

.

mowing themowing 4/13/2021 11:48:42 PM U.S. Bankruptcy Code 4/13/2021 11:48:42 PM

25 dition E st — 21 ted a nnot A , , ankruptcy B (A) to reflect the change in the Consumer (A) to reflect (2) section 1509 applies whether or not a case under(2) section 1509 applies whether or not a interval 1, 1998, and at each 3-year April (1) On (1) sections 1505, 1513, and 1514 apply in all casesall in apply 1514 and 1513, 1505, sections (1) exas (a) The Judicial Conference of the United States shall United of the Judicial Conference (a) The (h) Subchapter IV of chapter 11 of this title applies IV of chapter 11 (h) Subchapter 11 of this title applies onlyV of chapter (i) Subchapter (j) Chapter 13 of this title applies only in a case under (k) Chapter 12 of this title applies only in a case under (l) Chapter 15 applies only in a case under such chapter, T s ’ the by published Consumers, Urban All for Index Price period 3-year recent most the for DepartmentLabor, of such 1 preceding January ending immediately before 1, and April this title is pending. of Dollar . 104. Adjustment Sec Amounts before and to the President transmit to the Congress 1 of every May sixth year 1, 1985, and before May for the uniform 1, 1985, a recommendation after May title in this of each dollar amount adjustment percentage and in section 1930 of title 28. (b) each dollar amount in effect 1 thereafter, ending on April under sections 101(3), 101(18), 101(19A), 101(51D), 109(e), 303(b), 507(a), 522(d), 522(f)(3) and 522(f)(4), 522(n), 522(p), 522(q), 523(a)(2)(C), 541(b), 547(c)(9), 707(b), 1322(d), 1325(b), and 1326(b)(3) of this title such and section 1409(b) of title 28 immediately before 1 shall be adjusted— April chapter concerning a railroad. only in a case under such defined in(as debtor 11 in which a chapter a case under in V of chapter 11 shall that subchapter section 1182) elects apply. such chapter. such chapter. that— except under this title; and

ronske TITLE 11 TITLE 2021 P U.S. BANKRUPTCY CODE U.S. Applicability of Chapters . 103. Applicability Sec (the phrase “after notice “after notice (the phrase , 1999 WL 77140, 41 Collier Bankr. 41 Collier Bankr. WL 77140, 1999 , In re Lentino (f) in section 901 of this title, only as provided Except title, in section 901 of this as provided (g) Except (d) Subchapter IV of chapter 7 of this title applies only (d) Subchapter V of chapter 7 (e) Scope of application. Subchapter (b) Subchapters I and II of chapter 7 of this title apply (b) Subchapters title applies only7 of this chapter III of Subchapter (c) (a) Except as provided in section 1161 of this title, as provided (a) Except (9) “United States trustee” includes a designee of the includes a designee of trustee” States (9) “United subchapters I, II, and III of chapter 11 of this title apply only in a case under such chapter. Corporation Improvement Act of 1991. Act Corporation Improvement chapters 1 and 9 of this title apply in a case under such chapter 9. of this title shall apply only in a case under such chapter member State concerning the liquidation of an uninsured of25A section under organized corporation a or bank, [12 USCS §§ 611 et seq.], which Act Reserve the Federal organizationclearing multilateral a operates as, or operates, Insurance Deposit pursuant to section 409 of the Federal in a case under such chapter concerning a stockholder. in a case under such chapter concerning a in a case under such chapter concerning a commodity broker. chapter 7, 11, 12, or 13 of this title, and this chapter, title, and this chapter, or 13 of this chapter 7, 11, 12, 557, and 559 through sections 307, 362(o), 555 through 562 apply in a case under chapter 15. only in a case under such chapter. as is appropriate in the particular circumstances.”). of Chapters . 103. Applicability Sec in a case underchapters 1, 3, and 5 of this title apply and a hearing” does not require a hearing in every does not require a hearing in every and a hearing” an automatic case in which relief is sought from means a hearing” “after notice and stay; rather, “after such notice is appropriate in the particular and such opportunity for a hearing circumstances, trustee. States United 1999). 902 (5th Cir. P 77, Rep. L. Bankr. 2d 1044, Cas. Smith Judge Jerry E. 01_us_code.indd 25 01_us_code.indd 26

U.S. Bankruptcy Code Conference oftheUnited States shallpublishintheFederal endingonMarch3-year interval 1 thereafter, theJudicial that represents suchchange. resolution ofthecase;and theexpeditiousandeconomical to further necessary ininteresta party to chapter6oftitle28from itsoperation. judges andotherofficersoremployees appointedpursuant subsection shallnotbeinterpreted to exclude bankruptcy to suchjudge,officer, oremployee intitle28.This setforth shall be determined by reference to the provisions relating or responsibilities conferred underthistitle uponthecourt employee to exercise of a district court any ofthe authority maynotappointareceivercourt inacaseunderthistitle. an abuseofprocess. ordersenforce ortoprevent orimplementcourt orrules, orappropriate to or makinganydeterminationnecessary to preclude from, suasponte,takinganyaction thecourt ininterestraising ofanissueby aparty shallbeconstrued of thistitle.No provision ofthistitleproviding forthe outtheprovisions orappropriate tocarry that isnecessary Sec. 105Power ofCourt before thedateofsuchadjustments. (1) shallnotapplywithrespect tocasescommenced this titleandsection1409(b)of28. 547(c)(9), 707(b),1322(d),1325(b),and1326(b)(3)of 522(n),522(p),522(q),523(a)(2)(C), 541(b), 522(f)(4), and 101(51D), 109(e),303(b),507(a),522(d),522(f)(3) such April 1 undersections101(3),101(18),101(19A), Register thedollaramountsthatwillbecomeeffective on 26 (d) The court, onits (d) Thecourt, own motionoronthe request of or (c) The ability ofanydistrictjudge orotherofficer (b) Notwithstanding subsection(a)ofthissection,a mayissueanyorder,(a) Thecourt process, orjudgment (2) Not laterthanMarch 1, 1998,andateach (1) shall hold such status conferences as are (3) Adjustments madeinaccordance withparagraph 2021 P (B) to round to the nearest $25 the dollar amount ronske ’ s T exas B ptcy ankru U.S. CODE BANKRUPTCY Sec. 105Power ofCourt , A nnot a ted

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one hasbeenappointed,shallsolicitacceptancesofaplan; and plan; if onehasbeenappointed,shallfileadisclosure statement or reject contractorunexpired anexecutory lease;or expeditiously andeconomically, includinganorder that deems appropriate toensure thatthecaseishandled prescribing suchlimitationsandconditionsasthecourt Procedure, mayissueanorder atanysuchconference this titleorwithapplicableFederal Rules ofBankruptcy to create substantive rights that are otherwise substantive rights that to create powers, itdoesnot authorizethebankruptcy courts affords bankruptcy judges broaddiscretionary proceedingbecause,adversary whilesection105 when itusedsection105todismissacreditor’s 392 (5th Cir.App’x 2011) (bankruptcy court erred sanction.). disciplinary whenimposinga behavior deter theinappropriate tomust use the least restrictive sanction necessary paid inconnectionwithbankruptcy proceedings, it ordisgorgefees andtoaward discipline attorneys (While abankruptcy courthasbroadauthorityto 16, 2013, 980 (5thCir., Dec. confirmation oftheplan. disclosure statement may be combined with thehearingon disclosure statement;or to beprovided regarding thehearing onapproval ofthe other thanthedebtor, shallsolicitacceptancesofsuchplan; other thanadebtormayfileplan; st E Matter ofWhitley(Bakerv. Cage) Di Ferrante v. Young (InreYoung), dition (2) unlessinconsistentwithanotherprovision of (B) inacaseunderchapter11ofthistitle mustassume (A) setsthedateby whichthetrustee (ii) setsadateby whichthedebtor, if ortrustee (i) sets a date by which the debtor, or trustee (vi) provides thatthehearingonapproval ofthe (v) fixes thescopeandformatofnotice (iv) sets a date by which a proponent of a plan, ininterest(iii) setsthedateby whichaparty Judge Higginson , 416Fed. 737 F.3d ) 4/13/2021 11:48:42 PM U.S. Bankruptcy Code 4/13/2021 11:48:42 PM

27 ) (in order ) (in order dition E st ) (bankruptcy court court ) (bankruptcy — 21 ted a Judge Dennis Michael Judge Dennis Michael , 273 B.R. 487 (Bankr. N.D. N.D. 487 (Bankr. 273 B.R. , , 299 B.R. 152 (Bankr. N.D. N.D. 152 (Bankr. 299 B.R. , ) (Section 105(a) and the , 274 B.R. 686 (Bankr. W.D. W.D. 686 (Bankr. 274 B.R. , nnot ) (A bankruptcy court may not court may not ) (A bankruptcy A , , , 134 S. Ct. 1188 (U.S., Mar. 4, Mar. 4, 1188 (U.S., Ct. 134 S. , Mar. 4, 1188 (U.S., Ct. 134 S. , Judge Dennis Michael Lynn Judge John C. Akard Judge John C. ankruptcy B Justice Scalia Justice Scalia ) (under section 105(a), the bankruptcy court, court, the bankruptcy 105(a), (under section ) exas In re Dansereau In re Mirant Corp. L.L.C. In re Coserv, Law v. Siegel Law v. Law v. Siegel Law v. T s ’ the debtor can deal with the claimant other than by other than by the debtor can deal with the claimant payment of the claim). 2002, Tex. taking action prohibited elsewhere in the Code.). taking action prohibited elsewhere in Sept. Tex., 2003, 23, Lynn “necessary or in exercise of its authority to enter to enjoin the Federal has authority orders, appropriate” Energy Regulatory certain Commission from taking action against Chapter or their 11 debtor-utilities property that otherwise have would been permitted “police or regulatory exception to the power” under automatic stay under section 362(b)(4)). 2002, Tex. a Chapter for critical pre-petition debtor to pay 11 the debtor vendors under the Doctrine of Necessity, must it First, showmust three elements are present. be critical that the debtor deal with the claimant. the debtor unless it deals with the claimant, Second, loss alternatively, or, risks the probability of harm, of economic advantage to the estate or the debtor’s which is disproportionate to going concern value, Third, prepetition claim. the amount of the claimant’s there is no practical or legal alternative by which 2014, 2014, powersinherent bankruptcy a permit not do court’s court to deny exemption on a ground not an Code.). specified in the Bankruptcy 2014, the provisions “carry out” exercise its authority to inherent or its under section 105(a) the Code of by powerabusive litigation to sanction practices, exceeded its statutory inherent sanction and exempt homestead powers by surcharging debtor’s under section 105(a).). , ronske reh’g reh’g TITLE 11 TITLE Judge Judge ), 2021 P , 886 F.3d 886 F.3d , Judge Bill G. G. Bill Judge Power of Court . 105. Power Sec U.S. BANKRUPTCY CODE U.S. (a bankruptcy court court (a bankruptcy (a bankruptcy court may sua bankruptcy (a ) (The bankruptcy court court ) (The bankruptcy , 296 B.R. 427, 41 Bankr. Ct. Ct. 41 Bankr. 427, 296 B.R. , ) (under particular facts of the facts of the ) (under particular , 1999 WL 1261453 (N.D. Tex. Tex. WL 1261453 (N.D. 1999 , Judge Edward C. Prado C. Judge Edward , 134 S. Ct. 1188 (U.S., Mar. 4, Mar. 4, 1188 (U.S., Ct. 134 S. , Section 105(a) , 264 B.R. 833 (Bankr. E.D. Tex. Tex. E.D. 833 (Bankr. 264 B.R. , (Where a Chapter 11 debtor-in-possession Justice Scalia Judge Bill G. Parker Parker Judge Bill G. (July 17, 2018) (even the broad powers of Judge A. Joe Fish A. Judge Toles v. Powers v. Toles In re Four Seasons Marine & Cycle, Inc. Cycle, Marine & Four Seasons In re In re Mirant Corp. Law v. Siegel Law v. Matter of UTSA Apartments 8, L.L.C. Matter of UTSA Apartments 8, In re Barron 2014, 473 (5th Cir. 2018, 2018, (5th Cir. 473 denied courts to fashion equitable remedies bankruptcy must be exercised only within the confines of the Code). Bankruptcy 1999). sponte convert a Chapter 13 case to a Chapter 7 case). 2001). 2001). discharge may utilize section 105 to grant a partial of a debt in absence of any statutory language in section 523(a)(8) recognizing such a remedy). violation of section 363, and the case is later later case is and the violationsection 363, of 105(a) section liquidation, Chapter 7 a to converted court to grant a judgment authorizes a bankruptcy principal officers responsible against the debtor’s for the misuse of the cash collateral.). made without such pre-approval). 2001). Tex. E.D. (Bankr. 764 B.R. 263 Parker cash collateral in misuses a secured lender’s case, the court did not require a Chapter 11 debtor Chapter 11 the court did not require a debtor case, approval obtain advance to from the bankruptcy to providing preferential a prerequisite court as “critical certain of claims of prepetition payment providing order an entering instead vendors,” could be guidelines under which such payments unavailable under applicable law, or constitute a or constitute a unavailable under applicable law, to do equity). roving commission July 2003, Tex. 16, Dec. N.D. 193 (Bankr. Dennis Michael Lynn 01_us_code.indd 27 01_us_code.indd 28

U.S. Bankruptcy Code claims). the claimant fromthefuturefilingofsuchbaseless priority claims inbankruptcy cases, andenjoined sanctioned aclaimant filingbaseless forrepeatedly or theFederal Rules ofBankruptcy Procedure, including unit an order, process, or judgment under such sections governmental units. arising withrespect totheapplication ofsuchsectionsto 1227, 1231,1301,1303,1305,and1327ofthistitle. 1107, 1141,1142,1143,1146,1201,1203,1205,1206, 722, 724,726,744,749,764,901,922,926,928,929,944, 542, 543,544,545,546,547,548,549,550,551,552,553, 364, 365,366,502,503,505,506,510,522,523,524,525, with respect tothefollowing: governmental inthissection unittotheextentsetforth immunity, sovereign immunity is abrogated as to a Immunity Sec. 106 Waiver ofSovereign stay). oftheautomatic willful violation a creditorfor against to recoversuchdamages only section362(h)allows that “individual” debtors staydespitethefact oftheautomatic violation 1927forwillful section 105(a)and28U.S.C. § a creditor and its attorney,against pursuant to debtor ofacorporate fees andsanctionsinfavor stay). oftheautomatic violation 1927, for willful to section 105(a) and 28 U.S.C. § acreditoranditsattorney,debtor against pursuant ofacorporate feesandsanctionsinfavor attorneys Micheal Lynn 281 B.R. 262(Bankr. N.D. Tex. 2002, 28 (a) Notwithstanding ofsovereign anassertion In reFreemyer Ind. Pressure, Inc. .

(3) The court mayissueagainstagovernmental(3) Thecourt mayhearand determineanyissue (2) Thecourt (1) Sections 105,106,107,108,303,346,362,363, . 2021 P

.

(a bankruptcy attorneys courtmayaward ronske ) (abankruptcy courtmayaward ’ s T exas B Sec. 106 Waiver ofSovereign Immunity ptcy ankru U.S. CODE BANKRUPTCY Judge Dennis , , 7 T.B.D. 118; A nnot a ted

TITLE 11 —21

rendered oftheUnited by adistrictcourt States. against theUnited States, shallbepaidasifitisajudgment governmental unitand,inthecaseofamoneyjudgment lawapplicabletosuch with appropriate nonbankruptcy judgment against any governmental unit shall be consistent of section2412(d)(2)(A)title28. unit shallbeconsistentwiththeprovisions andlimitations Rules ofBankruptcy Procedure againstanygovernmental judgment forcostsorfeesunderthistitletheFederal including anaward ofpunitive damages.Such order or an order orjudgmentawarding amoneyrecovery, butnot an arm of the State of an armoftheState Texas, soastoqualifyfor C. Abramson 50(Bankr. N.D. Tex.Rep. 1999). 379, 33Bankr. 13 Tex. Ct. Dec. 1005, Bankr. Ct. 523(a)(8)). dischargeability ofastudentloandebtundersection proceeding todeterminethefrom anadversary is entitledtoEleventh Amendment immunity (5th Cir. 2001). 171, Bankr.38 Bankr. L. Ct. Rep. Dec. P78,539 against suchgovernmental oftheestate. unitthatisproperty against aclaimorinterest ofagovernmental unitanyclaim immunity by agovernmental unit,there shallbeoffset governmental unitarose. transaction or occurrence out of which the claim of such oftheestateandthatarosethat isproperty outofthesame with respect to a claim against such governmental unit in thecaseisdeemedtohave waived sovereign immunity Bankruptcy Procedure, law. ornonbankruptcy existing underthistitle,theFederalotherwise Rules of substantive claim forrelief orcauseofactionnot st E (c) Notwithstanding ofsovereign any assertion (b) Agovernmental unitthathasfiledaproof ofclaim In reBlueCactusPost, L.C. In reMurphy dition (5) Nothing inthissectionshallcreate any (4) Theenforcement ofanysuchorder, process, or (a county appraisal districtisnot (acountyappraisal Judge CarlE. Stewart , 271F.3d 629, 2001 WL 1334741, Judge Harold , 229B.R. a state (a

4/13/2021 11:48:42 PM U.S. Bankruptcy Code 4/13/2021 11:48:42 PM 29 dition E st — 21 ted a nnot A , , ankruptcy B (A) Any means of identification (as defined in information contained in a paper(B) Other (1) protect an entity with respect to a trade secret trade a to respect with entity an protect (1) to scandalous or a person with respect (2) protect exas (3) The United States trustee, bankruptcyUnited (3) The (c)(1) The bankruptcy court, for cause, may protect ex parte application demonstrating cause, (2) Upon (a) Except as provided in subsections (b) and (c) and as provided Except (a) the bankruptcy of a party in interest, request (b) On T s ’ unit. trustee, serving and any auditor under administrator, section 586(f) of title 28- or commercial development, research, or confidential information; or defamatory matter contained in a paper filed in a case under this title. types of to the following an individual, with respect information to the extent the court finds that disclosure undue risk of identity of such information would create theft or other unlawful injury to the individual or the property: individual’s section 1028(d) of title 18) contained in a paper filed, or to be filed, in a case under this title. described in subparagraph (A). protected to information access courtthe provide shall to pursuant acting entity an (1) to paragraph to pursuant of a domestic governmental the police or regulatory power law that substantively governs claims againstlawthe that claims substantively governs governmental units). to Papers Access . 107. Public Sec under this title subject to section 112, a paper filed in a case and the dockets of a bankruptcy public records court are times an entity at reasonable and open to examination by without charge. motion, the own court shall, and on the bankruptcy court’s bankruptcy court may — ) ronske TITLE 11 TITLE 2021 P ) (section ) (section En Banc , Judge Patrick Judge Patrick U.S. BANKRUPTCY CODE U.S. Public Access to Papers Access . 107. Public Sec , 279 F. Supp. 2d 805 2d 805 Supp. 279 F. , Judge Davis , 130 F.3d 1138, 12 Tex. Tex. 12 1138, 130 F.3d , , 468 F.3d 248, 47 Bankr. 47 Bankr. 248, 468 F.3d , (holding that section 106(a) of (holding that 106(a) of section Section 106(c) Section 106(a) Section 106(b) Judge Edith H. Jones Judge Edith H. (the substantive provisions of the Federal (the substantive provisions of the Federal (section 106(c) permits the assertion (section 106(c) permits the assertion

. .

. .

Zayler v. United States (Matter of Supreme United States (Matter of Supreme Zayler v. Zayler v. United States Zayler v. Matter of Fernandez Matter . . government in bankruptcy cases notwithstanding cases in bankruptcy government but it does not determine the sovereign immunity, sovereign immunity under the Federal Tort Claims Claims Tort sovereign immunity under the Federal notwithstanding waiver of sovereign immunity Act, contained in section 106(c)). or offsets against the federal of counterclaims Beef Processors) Dec. Ct. P 80,752 (5th Cir., Rep. L. Bankr. 56, Oct. 2006, 19, that a debtor had against(certain tort claims the government were held to be barred under the discretionary function exception to the waiver of exception, apply to claims relying on the waiver of on the waiver of relying apply to claims exception, sovereign immunity under section 106). participate in the distributions of a bankruptcy participatedistributions of a bankruptcy in the case while atitself from shielding time the same liability). the discretionary function including Act, Claims Tort Aug. Tex., (E.D. 2003, 12, grants a limited waiver of sovereign which 106(b), equitable principle on the is based immunity, that for a governmental unit to it would be unfair Bankr. Ct. Rep. 71 (5th Cir. 1997). 1997). Rep. 71 Ct. (5th Cir. Bankr. Higginbotham E. “sovereign providing that Code, the Bankruptcy abrogatedis immunity unit,” governmental a to as is unconstitutional). the protection of sovereign immunity under the sovereign immunity under the the protection of Eleventh Amendment). 01_us_code.indd 29 01_us_code.indd 30

U.S. Bankruptcy Code protected by the court under this title. protected underthistitle. by thecourt this title;and contained inanypaperfiledorsubmittedacaseunder of thistitle,andsuchperiod has notexpired before the such individualisprotected undersection1201or1301 the debtor, oragainstanindividualwithrespect towhich onaclaimagainst court other thanabankruptcy court period forcommencingorcontinuingacivilactionin proceeding, or a an nonbankruptcy agreement fixes a law,if applicablenonbankruptcy anorder entered in the case;or of suchperiodoccurringonorafterthecommencement before thelaterof mayonlyfile,cure, asthecasemaybe, trustee orperform, expired before the date ofthe filing ofthe petition,the anyothersimilaract,andsuchperiodhasnot or perform demand, notice,orproof ofclaimorloss,cure adefault, section 1201or1301ofthistitlemayfileanypleading, within which the debtor or an individual protected under proceeding, oranagreementnonbankruptcy fixes aperiod law,if applicablenonbankruptcy anorder entered ina the case;or of suchperiodoccurringonorafterthecommencement before thelaterof maycommencesuchactiononly of thepetition,trustee and suchperiodhasnotexpired before thedateoffiling period withinwhichthedebtormaycommenceanaction, proceeding, oranagreementin anonbankruptcy fixesa Sec. 108Extension of Time 30 (c) Except asprovided insection524ofthistitle, (b) Except asprovided insubsection(a)ofthissection, law,(a) If applicable nonbankruptcy anorder entered (2) 60daysaftertheorder forrelief. (1) theendofsuchperiod,includinganysuspension (2) twoyears aftertheorder forrelief. (1) theendofsuchperiod,includinganysuspension 2021 P (B) shall not disclose information specifically (B) shallnotdiscloseinformationspecifically (A) shallhave fullaccesstoallinformation ronske ’ s T exas B ptcy ankru U.S. CODE BANKRUPTCY Extension of TimeSec. 108Extension of , A nnot a ted

TITLE 11 —21

controlled theestate’s claim, wasnotexemptfrom aLouisiana’sthat peremptivestatute, which 17, 2009)( Aug. 18394; Bankr. L. Rep. (CCH)P81,555(5thCir., of thistitle,asthecasemaybe,withrespect tosuchclaim. expiration the case;or of suchperiodoccurringonorafterthecommencement not expire untilthelaterof date ofthefilingpetition,thensuchperioddoes commence it). mustprecedeataxaction,application itdoesnot claim refund becausewhile anadministrative refundtime forthefilingofanadministrative of certainactions, toextend the isnotapplicable (section 108(a), toextendlimitations applicable Cir. 1996, Rep. P77,186, 11 Tex. Bankr. 53(5th Ct. Rep. toanIRSclaim).§ 7430 related request post-petitionfeessoughtunder26U.S.C. (section 108(a) doesnottollthe30-daydeadlineto 20, 2020, Cir. Feb. oflimitations). statute instead merelyprovidesa2-yearextensiononthe for2yearsaftertheorderrelief,limitations but ofCode doesnotprovideforatollingofstatute Judge JoeKendall Systems Corp. ofrepose). was astatute Bankruptcy Code because the preemption statute the extensionperiodgrantedbysection108of st E Stanley v. Trinchard TLI, Inc. v. U.S. Canada v. U.S. Aegis Healthcare, P.A. v. SharedMed. dition (2) 30 days after notice of the termination or 30 days after notice of theterminationor (2) (1) theendofsuchperiod,includinganysuspension

of the stay under section 362, 922, 1201, or 1301 of thestayundersection362,922,1201,or1301 reh’g denied , 2000 WL 819409(N.D. Tex. 2000). Judge EdithH. Jones Section 108(a) (section 108oftheBankruptcy , 2020 WL 829356(5th , 100F.3d 424, Bankr. L. Judge AndrewS. Hanen ). ). Judge JamesL. Dennis , 2009 U.S. App. LEXIS ) (holding ) 4/13/2021 11:48:42 PM U.S. Bankruptcy Code 4/19/2021 10:45:17 PM 31

editors and dition E editors because st eement of creditors eement of creditors ed, in its capacity as — 21 ted a nnot A , , ent; es to effect a plan to adjust such debts; and easonably believes that a creditor may that a creditor easonably believes ankruptcy B 11 of this title. (B) has negotiated in good faith with cr (C) is unable to negotiate with cr (D) r

(1) is a municipality; (2) is specifically authoriz (3) is insolv (4) desir (5)(A) has obtained the agr exas (e) O (d) O (c) An entity may be a debtor under chapter 9 of this (c) An entity may be T s ’ noncontingent, petition, the of filing the of date the on debts of less than $419,275 and liquidated, unsecured incomethatowes, nly anindividualwithregular debts of less than noncontingent, liquidated, secured income and $1,257,850 or an individual with regular holding at least a majority in amount of the claims of holding at least a majority in amount under a plan each class that such entity intends to impair in a case under such chapter; holding at of creditors has failed to obtain the agreement of each class that in amount of the claims least a majority in a case under such entity intends to impair under a plan such chapter; such negotiation is impracticable; or under attempt to obtain a transfer that is avoidable section 547 of this title. a or stockbroker a (except title this of 7 chapter under member State and an uninsured commodity broker), personthatmaybeadebtor a nly arailroad, of 25A section under organized corporation a or bank, or operates as, which operates, Act, Reserve the Federal section to pursuant organization clearing multilateral a Corporation Insurance Deposit 409 of the Federal of 1991 may be a debtor under Act Improvement chapter entity — title if and only if such under such name, to be a debtor a municipality or by or officer governmental a by or law, State by chapter such law to authorize State by organization empowered entity to be a debtor under such chapter; association, or credit union, that has a branch or agency union, that has a branch or agency association, or credit Banking International 1(b) of the (as defined in section States. of 1978) in the United Act

ronske TITLE 11 TITLE 2021 P , 209 B.R. 209 B.R. , , bank, savings U.S. BANKRUPTCY CODE U.S. Sec. 109. Who May be a Debtor May Who 109. Sec. . (when a bankruptcy (when a bankruptcy . Section 108(b) eign bank, savings bank, cooperative cooperative bank, savings bank, eign or similar institution which is an insuredan is which institution similar or eign insurance company, engaged in such eign insurance company, oad; Deposit Insurance Corporation Improvement Corporation Improvement Insurance Deposit

bank

or (B) a for Markets Venture Capital company as defined in Venture Markets

351 of the Small Business Act of 1958, Act Investment Business 351 of the Small

(1) a railr (2) a domestic insurance company Cash America Pawn, L.P. v. Murph v. L.P. Cash America Pawn, (3)(A) a for (a) N 7 of this (b) A person may be a debtor under chapter is filed prior to the expiration of an applicable the expirationis filed prior to an applicable of section 108(b) statutory redemption period, days from the extends the redemption period for 60 case). commencement of the bankruptcy Judge John Hannah, Jr Judge John Hannah, 419, 11 Tex. Bankr. Ct. Rep. 267 (E.D. Tex. 1997). Rep. 267Tex. Ct. (E.D. Bankr. Tex. 11 419, bank, savings and loan association, building and loan the Federal of 1991 may be a debtor if a petition is filed at theAct Reserve of the Federal of Governors of the Board direction System; or States; business in the United bank as defined in section 3(h) of the Federal DepositFederal bank as defined in section 3(h) of the member State that an uninsured except Act, Insurance of 25A section under organized corporation a or bank, which operates, or operates as, a Reserve Act, the Federal multilateral clearing organization pursuant to section 409 of a New section the by company licensed a small business investment under section 301 of the Administration Business Small union, or credit of 1958, Act Investment Business Small industrial title only if such person is not — association, bank, savings and loan bank, cooperative association,building and loan association, homestead a domicile, a has or resides that person a only section, or a States, place of business, or property in the United ofthis otwithstanding anyotherprovision title. may be a debtor under this municipality, Sec. 109. Who May be a Debtor be a Who May 109. Sec.

01_us_code.indd 31 01_us_code.indd 32

U.S. Bankruptcy Code liquidated, secured debtsoflessthan$1,257,850maybe that aggregate lessthan$419,275andnoncontingent, the petition,noncontingent,liquidated,unsecured debts commodity broker, that owe, onthe date of the filing of such individual’s spouse,except astockbroker ora paragraph (1). from suchagenciesby reason oftherequirements of seekcredit counseling individuals whowouldotherwise able to provide totheadditional adequateservices counseling agenciesforsuchdistrictare notreasonably determines thattheapproved nonprofit budgetandcredit States administrator, (orthebankruptcy trustee ifany) to a debtorwhoresides inadistrictfor whichtheUnited arelatedperforming budgetanalysis. available credit counselingandassistedsuchindividual in or ontheInternet) for that outlined the opportunities briefing (includingaconducted bytelephone agency describedinsection111(a)anindividualorgroup an approved nonprofit budgetandcredit counseling filing ofthepetition by suchindividual, received from has, duringthe180-dayperiodendingondateof not beadebtorunderthistitleunlesssuchindividual than paragraph(4)ofthissubsectionanindividualmay notwithstanding anyotherprovision ofthissection,other this title. relief from theautomaticstayprovided by section362of dismissal ofthecasefollowing thefilingofa request for appear before in proper the prosecutioncourt of the case; or failure ofthedebtortoabideby orders orto ofthecourt, title atanytimeinthepreceding 180daysif— this titlewhohasbeenadebtorincasependingunder no individual or family farmer may be a debtor under section, of thistitle. regular annual income may be a debtor under chapter 12 a debtorunderchapter13ofthistitle. 32 (h)(1) Subject toparagraphs(2)and(3), (g) Notwithstanding any other provision of this Only afamilyfarmerorfishermanwith (f) (2)(A) Paragraph (1)shallnotapplywithrespect (2) thedebtorrequested andobtainedthevoluntary (1) the case was dismissed for willful by the court 2021 P ronske ’ s T exas B ptcy ankru Sec. 109 Who May beaDebtor U.S. CODE BANKRUPTCY , A nnot a ted

TITLE 11 —21

waiver oftherequirements ofparagraph(1); that— acertification debtor whosubmitstothecourt ments of paragraph (1) shall not apply with respect to a administrator,the bankruptcy ifany)atanytime. agency maybedisapproved by theUnited States (or trustee preceding sentence,anonprofit budgetandcredit counseling frequently thanannuallythereafter. Notwithstanding the than 1year afterthedateofsuchdetermination,andnotless in subparagraph (A) shall review such determination not later administrator, ifany)whomakesadeterminationdescribed paragraph (1). paragraph (1). in person,telephone,orInternet briefing required under in an as to be unable, after reasonable to participate effort, “disability” meansthatthedebtorissophysicallyimpaired decisions withrespect tohisfinancial responsibilities; and so thatheisincapableofrealizing and makingrational impaired by reason of mentalillnessordeficiency of thisparagraph,“incapacity” meansthatthedebtoris combatzone. For dutyinamilitary military thepurposes requirements becauseofincapacity, disability, oractive after noticeandhearing,isunabletocompletethose apply withrespect determines, toadebtorwhom the court an additional15days. files a petition, except for cause, may order that the court, that debtorafterthedateis30days paragraph (1),butinnocasemaytheexemption applyto the dateonwhichdebtormeetsrequirements of subparagraph (A)shallceasetoapplythatdebtoron that request; and period beginningonthedatewhichdebtormade referredthe services toinparagraph(1)during the7-day and credit counselingagency, butwasunabletoobtain from an approvedcounseling services nonprofit budget st E dition (3)(A) Subject tosubparagraph(B),therequire (4) The requirements ofparagraph(1)shallnot (B) The United (orthebankruptcy States trustee (B) With respect toadebtor, anexemption under (i) describesexigentcircumstances thatmerita (iii) is satisfactory tothecourt. (iii) issatisfactory (ii) statesthatthedebtorrequested credit - 4/13/2021 11:48:42 PM U.S. Bankruptcy Code 4/13/2021 11:48:42 PM

) (an 33 dition E st ) (plaintiff’s claims claims ) (plaintiff’s ) (bankruptcy court court ) (bankruptcy — 21 ) (the mere fact that, as ) (the mere fact that, ted a , 2005 WL 1796148 (E.D. WL 1796148 (E.D. 2005 , nnot A Judge Clark , , Judge Wesley W. Steen W. Judge Wesley Section 109(e) Section 109(h) Section 109(g) , 352 B.R. 813 (Bankr. S.D. Tex., Tex., S.D. 813 (Bankr. 352 B.R. , Judge McBryde , 315 B.R. 368 (Bankr. N.D. Tex. 2004, 2004, Tex. N.D. 368 (Bankr. 315 B.R. , , 2005 WL 2037362 (N.D. Tex., Tex., WL 2037362 (N.D. 2005 , ankruptcy B (for purposes of the Chapter 13 eligibility

.

.

exas In re Jones NCI Building Systems, LP v. Harkness (In Harkness (In LP v. NCI Building Systems, . Wimmer Thomas v. In re Nahat T s ’ when a motion to lift stay had been granted). Oct. 2006, 20, re Harkness) 2005, Aug. 18, for misappropriation of corporate opportunity so as to disqualify debtor from were unliquidated, proceeding under Chapter the debt 13 as over limitations in section 109(g)). contained debt is liquidated a if the amount of the requirement, has been ascertained or can readily be calculated, claim judgment, however, If, whether contested or not. discretion, thedetermine to required is opinion or CircuitThe Fifth it is unliquidated. amount of the claim, has recognized that debts based on tort are generally unliquidated until resolved by judicial decree or otherwise, damages are not fixed.). because the plaintiff’s 2005, July 27, Tex., case bankruptcy debtor’s the dismissed correctly where the debtor had been under section 109(g)(2), case at a time a party to a previous bankruptcy Judge Dennis Michael Lynn Judge Dennis Michael result of the combination of (1) a separate Chapter 13 husband and petition previously filed the debtor’s the (2) a 60-month plan that debtor/wife proposed, mortgaged property that the husband and wife debtors jointly owned be protected by the automatic would did not make the wife/debtor ineligible stay for 8 years, to file her own individual Chapter 13 case). so as to prevent the debtor from being eligible for debtor from being eligible for so as to prevent the relief under Chapter 13).

ronske TITLE 11 TITLE 2021 P Judge Robert C. Judge Robert C. ., 245 B.R. 255 255 245 B.R. ., ) (although Puerto ) (although Puerto U.S. BANKRUPTCY CODE U.S. Who May be a Debtor May Who . 109. Sec , 136 S. Ct. 1938 (U.S., 1938 (U.S., Ct. 136 S. , Judge Robert C. McGuire Judge Robert C. , 232 B.R. 362, 34 Bankr. Ct. Ct. 34 Bankr. 362, 232 B.R. , Justice Thomas (the claim of a creditor law firm against lawa creditor of firm against claim (the (the pre-emption provision, section 903(1), 903(1), section provision, pre-emption (the

(the “gateway” provision, section 109(c), .

. .

. In re ABZ Ins. Serv., Inc Serv., In re ABZ Ins. In re Visser . . Commonwealth of Puerto Rico v. Franklin Franklin Puerto Rico v. Commonwealth of (Bankr. N.D. Tex. 2000). 2000). Tex. N.D. (Bankr. State “to be a debtor”). State expressly bars States from enacting municipal laws). bankruptcy provision, such that the Bankruptcy Code preempts Code preempts that such the Bankruptcy provision, Act). Recovery Puerto Rico’s requires a Chapter 9 debtor to be an insolvent a by authorized” “specifically municipality that is the federal Bankruptcy Code’s “gateway” provision provision “gateway” Code’s the federal Bankruptcy therefore and governing who may be a debtor, to seek relief cannot authorize its municipalities under Chapter Puerto Rico is 9 of the Code, other purposes related for “State” a nevertheless to Chapter 9, preemption that chapter’s including Rico is not a “State” for purposes of section 109(c), for purposes of section 109(c), “State” Rico is not a trust account, was a “liquidated” debt within the the within debt “liquidated” a was account, trust Code, meaning of section 109(e) of the Bankruptcy 1999). Tex. N.D. Dec. 235 (Bankr. McGuire for a former employee of the lawfirm, the debtor, admitted misappropriation from the law of funds Account as well as the law firm’s Trust IOLTA firm’s provisions of the Texas Business Corporation Act Act Business Corporation Texas provisions of the thatcorporationthe of right revive the period a for of three years following dissolution for the purpose state or federal Texas of suing or defending in a court to liquidate or distribute its assets). (a corporation whose corporate charter had been (a corporation corporate whose charter had been forfeited for failure to pay state franchise taxes relief because the was eligible for bankruptcy is the functional equivalent of filing of bankruptcy Trust California Tax-Free June 13, 2016, 01_us_code.indd 33 01_us_code.indd 34

U.S. Bankruptcy Code the debtorhascompletedconsumercreditcounseling adebtorisnoteligibletofilebankruptcy unless that prior tobankruptcy, wheresection109(h)provides debtor obtainedconsumercreditcounseling190days individual’s bankruptcy casewasdismissedwherethe other thananattorneyforthe debtororanemployee of PetitionsBankruptcy Negligently orFraudulently Prepare Sec. 110Penalty forPersons who last minuterefusedtoacceptpaymentfromthem). theirhomefromforeclosuresave at whenmortgagee debt and had to file their petition quickly tomortgage todetermineexactamountofpastduemortgagee allegedly becausetheyhadbeenworkingwiththeir Protection Act wheredebtorsdidnot comply the Bankruptcy Abuse PreventionandConsumer to complywith “credit counseling” requirementof Chapter 13 casedismissedbasedondebtors’ failure 22, 2005, Dec. requirement, wasnoteligibleforbankruptcy relief). or toqualifyforexceptionfrom “credit counseling” failure eithertoobtainprepetitioncreditcounseling staywherethedebtor,the automatic asresultofhis petition doesnotentitleadebtortothebenefitsof Mar. 29, 2006, different entities). schedules, becausethedebtorandtrustee are debtor to list a cause of action on his bankruptcy as successortoadebtorduethefailureof trustee maynotbe judicially estoppedbankruptcy 7, 2006, Aug. within 180daysoffiling). 34 (a) In thissection— In reSosa In reSalazar In reMiller (1) “bankruptcy petitionpreparer”“bankruptcy meansa person, (1) 2021 P ronske Judge Isgur Sec. 110Penalty forPersons whoNegligently orFraudulently Prepare , 336B.R. 113(Bankr. W.D. Tex., , 347B.R. 48(Bankr. S.D. Tex., Judge FrankMonroe , 339B.R. 622(Bankr. S.D. Tex., Judge Wesley W. Steen ’ s T exas ) (thefilingofabankruptcy B ptcy ankru U.S. CODE BANKRUPTCY , A nnot ) (debtors’ Bankruptcy Petitions a ted

TITLE 11 ) (a —21

petitionpreparerof thebankruptcy shallberequired to— then an officer, principal, responsible person, or partner petitionpreparerIf abankruptcy isnotanindividual, on thedocumentpreparer’s nameandaddress. a documentforfilingshallsigntheandprint (b) inconnectionwithacaseunderthistitle. court United States oraUnited court bankruptcy States district other documentprepared forfiling by adebtorin who prepares forcompensationadocumentfiling;and of such attorney,such attorney under the direct supervision individuals whoprepared thedocument. preparer’s signature, an identifying number that identifies document forfilingshallplace onthedocument,after (c) penalty ofperjury, petitionpreparer; by thebankruptcy and preparer maynotgive by reason ofsubsection(e)(2); and authorized to give, in addition to any advice that the petitionpreparerlegal advicethatabankruptcy isnot may notpracticelaworgive legaladvice; petitionpreparerthat abankruptcy isnotanattorneyand Bankruptcy Procedure. accordance 9009oftheFederal withrule Rules of by theJudicial Conference oftheUnited States in written noticewhichshallbeonanofficialform prescribed petitionpreparerbankruptcy shallprovide tothedebtora or acceptinganyfeesfrom oronbehalfofadebtor, the (2) of thatofficer, principal, responsibleperson,orpartner. st E dition (1) A bankruptcy petitionpreparerA bankruptcy whoprepares (1) (2) “document forfiling” meansapetitionorany (1) A bankruptcy petitionpreparer(1) Abankruptcy whoprepares a (A) signthedocumentforfiling;and (B) Thenoticeundersubparagraph(A)— (A) Before preparing anydocumentforfiling (B) printonthedocumentnameandaddress (iii) shall— (ii) maycontainadescriptionofexamples (i) shall inform the debtor in simple language (II) befiledwithanydocumentforfiling. (I) besignedby thedebtorand,under

4/13/2021 11:48:42 PM U.S. Bankruptcy Code 4/13/2021 11:48:42 PM

35 dition E

st — 21 ted a nnot A , , ankruptcy (i) found to be in excess of the value of any of the value (i) found to be in excess (vi) concerning how to characterize the characterize to (vi) concerning how and (vii) concerning bankruptcy procedures B (A) The court shall disallow and order the and order (A) The court shall disallow (1) The Supreme Court may promulgate Court may promulgate Supreme (1) The (2) A declaration under penalty of perjury the by exas (f)use the shall not A bankruptcypreparer petition or shall not collect (g) A bankruptcy petition preparer T s ’ referred to in paragraph (2) referred bankruptcythe preparer by petition servicesrendered the preceding immediately period 12-month the during date of the filing of the petition; or rules under section 2075 of title 28, or the Judicial may prescribe States of the United Conference fee allowable guidelines, for setting a maximum A a bankruptcychargeable by petition preparer. debtor shall notify the bankruptcy petition preparer any preparing of any such maximum amount before fee debtor or accepting any the for filing for document or on behalf of the debtor. from shall be filed together with bankruptcy petition preparer or on behalf from the petition, disclosing any fee received of the debtor within 12 months immediately prior to the filing of the case, and any unpaid fee charged to the debtor. rulesIf or guidelines setting a maximum fee for services under paragraph or prescribed been promulgated have (1), the declaration under this paragraph shall include a compliedcertification that the bankruptcy petition preparer under paragraph (1).requirement with the notification (3) to the bankruptcy trustee any fee immediate turnover in property the debtor’s or interests debtor’s of the nature debts; or rights. term in any advertisements, or any similar “legal” word or advertise under any category that includes the word or any similar term. “legal” the debtor or on behalf of the any payment from receive debtor for the court fees in connection with filing the petition. (h) ronske TITLE 11 TITLE 2021 P Bankruptcy Petitions Bankruptcy U.S. BANKRUPTCY CODE U.S. Penalty for Persons who Negligently or Fraudulently Prepare Prepare or Fraudulently who Negligently Persons for . 110. Penalty Sec (I) the tax consequences of a case brought (I) the tax consequences of a case brought (II) the dischargeability of tax claims; (I) to file a petition under this title; or (II) commencing a case under chapter 7, (ii) whether the debtor’s debts will be (ii) whether the debtor’s (iii) whether the debtor will be able to concerning— (iv) (v) whether the debtor may or should promise (i) whether— (i) (B) The legal advice referred to in subparagraph to in subparagraph referred (B) The legal advice (B) If a bankruptcy petition preparer is not an a bankruptcy(B) If petition preparer may not offer (A) A bankruptcy petition preparer (A) Subject to subparagraph (B), for purposes to subparagraph (B), (A) Subject (1) A bankruptcy petition preparer shall not execute shall not execute (1) A bankruptcy petition preparer (d) A bankruptcy petition preparer shall, not later (d) A bankruptcy petition preparer to repay debts to a creditor or enter into a reaffirmation or enter into a reaffirmation debts to a creditor to repay a debt; to reaffirm with a creditor agreement commencing a case under this title; under this title; or 11, 12, or 13 is appropriate; 11, 12, or 13 is appropriate; discharged in a case under this title; or other property after home, car, the debtor’s retain any legal advice described in subparagraph (B). any legal advice described in subparagraph (A) includes advising the debtor— any document on behalf of a debtor. (2) a potential bankruptcy debtor any legal advice, including is presented than the time at which a document for filing furnish to the debtor a copy of signature, for the debtor’s the document. (e) or assisted in its preparation. or assisted in its preparation. bankruptcythe of number identifying the individual, account Security shall be the Social petition preparer responsible person, or principal, number of the officer, partner of the bankruptcy petition preparer. (2) identifying number of a bankruptcyof this section, the account Security shall be the Social petition preparer the document who prepared number of each individual 01_us_code.indd 35 01_us_code.indd 36

U.S. Bankruptcy Code bankruptcy petitionpreparerbankruptcy failstocomplywiththis preparer inanycasewhichthe maybeforfeited guideline promulgated or prescribed under paragraph (1). conducted business,ortheUnited States inany trustee petitionpreparerin whichthebankruptcy resides, has a creditor, ortheUnited States inthe district trustee preparer has prepared adocumentforfiling,thetrustee, (j) fees andcostsincurred. additional amountof$1,000plusreasonable attorneys’ petition preparer shallbeordered topaythemovant the behalf ofthedebtorunderthissubsection,bankruptcy for damagesunderthissubsection. petitionpreparerbankruptcy forthepreparer’s and services; petitionpreparerbankruptcy topaythedebtor— shall orderany), and after notice and a hearing, the court the United States administrator, (orthebankruptcy trustee if unfair, or deceptive, on the motion of the debtor, trustee, findstobefraudulent, or commitsanyactthatthecourt (i) to turnover ofsuchorder. fundswithin30daysofservice more than $500 for each failure order to comply with acourt for anorder underparagraph(3). mayfileamotion ontheinitiative ofthecourt, the court, States administrator, (orthebankruptcy trustee ifany)or recovered underthisparagraphsection522(b). or(g). subsection or(b),(c),(d),(e),(f), 36 (1) petition A debtorforwhomabankruptcy (2) or Ifcreditor the trustee moves for damages on petitionpreparer(1) If abankruptcy violatesthissection petitionpreparer(5) Abankruptcy shallbefinednot (4) Thedebtor, acreditor, thetrustee, the United 2021 P (B) All fees charged by a bankruptcy petition (B) Allfeeschargedby abankruptcy (C) reasonable attorneys’ feesandcostsinmoving (B) thegreater of— (A) thedebtor’s actual damages; (C) Anindividualmayexempt anyfunds (ii) found to be in violation of any rule or or (ii) foundtobeinviolationofanyrule (ii) twice the amount paid by the debtor to the (ii) twicetheamountpaidby thedebtorto (i) $2,000;or ronske Sec. 110Penalty forPersons whoNegligently orFraudulently Prepare ’ s T exas B ptcy ankru U.S. CODE BANKRUPTCY , A nnot Bankruptcy Petitions a ted

TITLE 11 —21

unfair, ordeceptive conduct;and petitionpreparer;or educationasabankruptcy or section orofanyprovision ofthistitle; finds that— (2) petition preparer. acting or as froma bankruptcy further from engaging inanyconductviolationofthissection petitionpreparercivil actiontoenjoinabankruptcy other districtinwhichthedebtorresides maybringa rules andlawsthatprohibit theunauthorizedrules practiceoflaw. prohibited byactivities thatare law, otherwise including petitionpreparer.by thebankruptcy reasonable attorneys’ feesandcostsoftheaction,tobepaid creditor thatbringsasuccessfulaction underthissubsection administrator, (or thebankruptcy trustee ifany). ortheUnited the trustee, the motionofcourt, States The injunctionunderthisparagraphmaybeissuedon comply withaprevious order issuedunderthissection. petition preparerenjoin abankruptcy thathasfailedto petitionpreparer.from actingasabankruptcy ordered mayenjointheperson thecourt by thecourt imposed underthissection,orfailedtodisgorgeallfees proper administrationofthistitle,hasnotpaidapenalty sufficient to prevent suchperson’s interference withthe injunction prohibiting suchconductwouldnotbe in subclause(I),(II),or(III)ofclause(i)andthatan preparer has continually engaged in conduct described from engaginginsuchconduct. petitionpreparer mayenjointhebankruptcy the court the recurrence ofsuchconduct, st E (k) Nothing topermit inthis sectionshallbeconstrued dition (4) The court shallaward(4) Thecourt toadebtor, or trustee, ofitscontemptpower, aspart (3) Thecourt, may (A) In an action under paragraph (1), if the court (B) If the court finds that a bankruptcy petition findsthatabankruptcy (B) If thecourt (i) a bankruptcy petitionpreparer(i) abankruptcy has— (ii) injunctive relief isappropriate to prevent (III) engagedinanyotherfraudulent, (II) misrepresented thepreparer’s experience (I) engagedinconductviolationofthis

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st — 21 ted a nnot A , , ankruptcy B (3) If a nonprofit budget and credit counseling budget and credit a nonprofit (3) If (2) instructional courses concerning personal financial States trustee (or bankruptcy United (1) The States trustee (or bankruptcy United (2) The (1) nonprofit budget and credit counseling agencies counseling budget and credit (1) nonprofit exas (b) The United States trustee (or bankruptcy United (b) The (a) list of — publicly available shall maintain a The clerk T s ’ agency or such instructional course fully satisfies the set forth in this section. applicable standards agency or instructional course did not appear on the list for the district under subsection (a) approved that provide 1 or more services 1 or more described in section that provide trustee States United the by approved currently 109(h) if any); and (or the bankruptcy administrator, trustee States United the by approved management currently if any), as applicable. (or the bankruptcy administrator, budget a nonprofit if any) shall only approve administrator, counseling agency or an instructional courseand credit as follows: concerning personal financial management reviewed thoroughly if any) shall have administrator, credit and budget nonprofit the qualifications of the of the instructional counseling agency or of the provider set forth in this section, and course under the standards the services or instructional courses that will be offered such require and may such agency or such provider, by to approval sought has that provider such or agency to such review. information with respect provide determined that such if any) shall have administrator, only permits bankruptcy petition preparer to type petition preparer to type only permits bankruptcy dictated or handwritten documents that have been assistance the seeking debtor the to prior prepared for a reasonable service, of the scrivening/typing fee for typing services not to exceed $50.00). Budget . 111. Nonprofit Sec Agencies; Counseling and Credit Instructional Management Financial Courses ronske TITLE 11 TITLE 2021 P (section 110 (section 110 Management Instructional Courses Instructional Management U.S. BANKRUPTCY CODE U.S. , 248 B.R. 287 (Bankr. W.D. W.D. 287 (Bankr. 248 B.R. , Nonprofit Budget and Credit Counseling Agencies; Financial Agencies; Counseling Credit Budget and . 111. Nonprofit Sec Judge Leif M. Clark Judge Leif M. (A) Fines imposed under this subsection in under this subsection imposed (A) Fines imposed under this subsection in judicial (B) Fines (C) failed to inform the debtor that the debtor the that debtor the inform to failed (C) in a manner a document for filing (D) prepared (A) advised the debtor to exclude assets or income assets or income (A) advised the debtor to exclude Security (B) advised the debtor to use a false Social (3) A debtor, trustee, creditor, or United States States or United trustee, creditor, (3) A debtor, (2) The court shall triple the amount of a fine (1) A bankruptcy petition preparer who fails to (1) A bankruptcy petition preparer In re Guttierez 2000). Tex. section 1931 of title 28, and shall remain available untilavailable remain shall and title 28, of 1931 section for the amount any appropriation expended to reimburse for expenses of the operationpaid out of such appropriation States. and maintenance of the courts of the United 586(e)(2) of title 28. Amounts deposited under this to fund the enforcement subparagraph shall be available of this section on a national basis. serveddistricts bankruptcy beby shall administrators receipts to the fund established underdeposited as offsetting trustees shall be States judicial districts served United by trustee,an who shall deposit States paid to the United amount equal to such fines in a special account of the section to in referred Fund System Trustee States United petition preparer. petition preparer. file if any) may trustee (or the bankruptcy administrator, bankruptcy the on fine a imposing order an for motion a for any violation of this section. petition preparer (4) account number; relief under this title; or was filing for the bankruptcythat failed to disclose the identity of the which case in any in (1) paragraph under assessed court finds that a bankruptcy petition preparer— been included on applicable schedules; that should have (l) of subsection (b), (c), (d), (e), comply with any provision (f), than $500 for each not more (g), or (h) may be fined such failure. 01_us_code.indd 37 01_us_code.indd 38

U.S. Bankruptcy Code 6 months. periodnottoexceedcourse shallbeforaprobationary under thissubsectionofsuchagencyorinstructional immediately before approval under this section, approval provided by suchagency; financially from theoutcomeofcounseling services which — and credit counselingagencyshall,at aminimum— administrator,the bankruptcy ifany),anonprofit budget provides. effectiveness,it andfinancialsecurityoftheservices effectively withothermatters relating tothequality, to client credit problems, and deal responsibly and client funds,provide adequatecounselingwithrespect adequate provision forsafekeepingandpaymentof that itwillprovide qualifiedcounselors,maintain budget andcredit counselingagencythatdemonstrates administrator, ifany)shallonlyapprove anonprofit oftheUnitedcourt States. judicial review ofsuchdecisionintheappropriate district under paragraph(4),aninterested personmayseek section duringsuchperiod;and course— instructional subsequent periodofapproval thatsuchagencyor or applicable has demonstrated during the probationary periods thereafter, coursethat anagencyorinstructional an additional1-year period,andforsuccessive 1-year administrator,bankruptcy ifany)mayonlyapprove for period under paragraph (3), theUnited States (or trustee 38 (c)(1) The United (orthebankruptcy States trustee (4) At the conclusion of the applicable probationary (4) At the conclusion oftheapplicableprobationary (2) To beapproved by theUnited States (or trustee (5) Not laterthan30daysafteranyfinaldecision 2021 P (A) have aboard ofdirectors themajorityof (B) cansatisfysuchstandards inthefuture. (A) hasmetthestandards underthis setforth (ii) will not directly or indirectly benefit (i) are notemployed by suchagency;and ronske Sec. 111Nonprofit Budget and Credit CounselingAgencies; Financial ’ s T exas B ptcy ankru U.S. CODE BANKRUPTCY Management Instructional Courses , A nnot a ted

TITLE 11 —21

such financialcondition, andhow suchclient candevelop client’s current financial condition, factors that caused client’s credit problems thatincludesananalysisofsuch be paidby suchclientandhow suchcostswillbepaid; on credit reports, andanycostsofsuchprogram thatwill funding sources, counselorqualifications,possibleimpact and appropriate employee bonding; accounts funds, includinganannualauditofthetrust regard toabilitypaythefee; charge areasonable fee,andprovide without services course; objectives directly related to the goals of such instructional financial managementandthatare consistent withstated designed toassistdebtors in understanding personal and traininginproviding andservices; effective instruction (b)(3) ifthecoursewillprovide ataminimum— course concerningpersonalfinancialmanagement— administrator, ifany)shallonlyapprove aninstructional life ofanyrepayment plan. for budgeting plans over services the continuing support background inproviding credit counseling;and subparagraph (E); financial difficulty, includingthemattersdescribedin trained toprovide toindividualsin counselingservices have adequateexperience,andhave beenadequately providedcounseling services by suchagency, andwho commissions or bonuses based on the outcome of the ofdebt; negative amortization a plantorespond totheproblems withoutincurring st E (d) The United (orthebankruptcy States trustee dition (1) for an initial probationary period under subsection periodundersubsection (1) foraninitialprobationary (E) provide adequatecounselingwithrespect toa (D) provide fulldisclosures toaclient,including (C) provide forsafekeepingandpaymentofclient (B) ifafeeischargedforcounselingservices, (B) learning materials and teaching methodologies (B) learningmaterialsandteachingmethodologies (A) trained personnel with adequate experience (H) have adequatefinancial resources toprovide (G) demonstrateadequateexperienceand (F) provide trained counselors who receive no

4/13/2021 11:48:42 PM U.S. Bankruptcy Code 4/13/2021 11:48:43 PM 39 dition E st — 21 ted a nnot A , , ankruptcy B (A) any actual damages sustained by the debtor as the debtor (A) any actual damages sustained by (asfees attorneys’ courtany (B) reasonable or costs (2) A nonprofit budget and credit counseling agency counseling credit budget and nonprofit A (2) exas The debtor may be required to provide information to provide required The debtor may be (f) trusteeStates bankruptcy (or the United The counseling budget and credit nonprofit (g)(1) No T s ’ of the violation; and a result in an action to recover the court)determined by incurred those damages. on Disclosure . 112. Prohibition Sec Children of Minor of Name in matters under this a minor child involved regarding to disclose in the public title but may not be required The child. minor such of name the case the in records to disclose the name of such debtor may be required by maintained is that record nonpublic a in child minor the courtthe court by for examination and made available trustee, the trustee, and the auditor States United the by (if any) serving under section 586(f) of title 28, in the States trustee, the trustee, and United case. The court, the such auditor shall not disclose the name of such minor child maintained in such nonpublic record. that a nonprofit if any) shall notify the clerk administrator, counseling agency or an instructionalbudget and credit shall in which case the clerk course is no longer approved, maintained under subsection (a). the list it from remove agency reporting to a credit agency may provide has received information concerning whether a debtor or sought instruction concerning personal financial such agency. management from with anythat willfully or negligently fails to comply to a debtor shall with respect under this title requirement to the sum of — be liable for damages in an amount equal

ronske TITLE 11 TITLE 2021 P U.S. BANKRUPTCY CODE U.S. Children of Minor of Name on Disclosure . 112. Prohibition Sec (A) has been effective in assisting a substantial number(A) has been effective (B) is otherwise substantially the likely to increase (D) the preparation and retention of reasonable of reasonable and retention (D) the preparation instructionalthe for charged is fee if a (E) course, (C) adequate facilities situated in reasonably facilities situated in reasonably adequate (C) (2) for any 1-year period if the provider thereof period if the provider (2) for any 1-year (e) The district court may, at any time, investigate the time, investigate any at court district The (e) may, budget and credit counseling agency upon finding suchbudget and credit agency does not meet the qualifications of subsection (b). qualifications of a nonprofit budget and credit counseling budget and qualifications of a nonprofit production to in subsection (a), and request agency referred of the integrity and effectiveness of documents to ensure remove time, any at court district The may, agency. such list under subsection (a) a nonprofit the approved from paragraph (1) and, in addition — management; and of debtors to understand personal financial understanding of personal financial management. debtor’s services without regard and provide fee, charge a reasonable to ability to pay the fee; and of the standards has demonstrated that the course meets shall be available for inspection and evaluation by the by for inspection and evaluation shall be available United Trustees, the States United Office for Executive if any), or trustee (or the bankruptcy administrator, States the chief bankruptcy in which such judge for the district and instructional course is offered; bankruptcy include the debtor’s (which shall records effectiveness of the case number) to permit evaluation of such instructional any evaluation course, including for of satisfaction of instructional course requirements each debtor attending such instructional course, which which such instructional locations at convenient is course such facilities may include the provision that except offered, theof such instructional telephone or through course by if such instructional course is effective; Internet, 01_us_code.indd 39