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11 U.S.C. 101(4), Does Not In- Strumentality Is Actually Carrying out Some Govern- Clude a Transaction Such As a Policy Loan on an Insur- Mental Function

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11 U.S.C. 101(4), Does Not In- Strumentality Is Actually Carrying out Some Govern- Clude a Transaction Such As a Policy Loan on an Insur- Mental Function § 101 TITLE 11—BANKRUPTCY Page 8 Sec. provided to an assisted person with the express 108. Extension of time. or implied purpose of providing information, 109. Who may be a debtor. 110. Penalty for persons who negligently or fraud- advice, counsel, document preparation, or fil- ulently prepare bankruptcy petitions. ing, or attendance at a creditors’ meeting or 111. Nonprofit budget and credit counseling agen- appearing in a case or proceeding on behalf of cies; financial management instructional another or providing legal representation with courses. respect to a case or proceeding under this 112. Prohibition on disclosure of name of minor title. children. (5) The term ‘‘claim’’ means— AMENDMENTS (A) right to payment, whether or not such 2005—Pub. L. 109–8, title I, § 106(e)(2), title II, § 233(b), right is reduced to judgment, liquidated, un- Apr. 20, 2005, 119 Stat. 41, 74, added items 111 and 112. liquidated, fixed, contingent, matured, un- 1994—Pub. L. 103–394, title III, § 308(b), Oct. 22, 1994, 108 matured, disputed, undisputed, legal, equi- Stat. 4137, added item 110. table, secured, or unsecured; or § 101. Definitions (B) right to an equitable remedy for breach of performance if such breach gives rise to a In this title the following definitions shall right to payment, whether or not such right apply: to an equitable remedy is reduced to judg- (1) The term ‘‘accountant’’ means account- ment, fixed, contingent, matured, un- ant authorized under applicable law to prac- matured, disputed, undisputed, secured, or tice public accounting, and includes profes- unsecured. sional accounting association, corporation, or partnership, if so authorized. (6) The term ‘‘commodity broker’’ means fu- (2) The term ‘‘affiliate’’ means— tures commission merchant, foreign futures (A) entity that directly or indirectly owns, commission merchant, clearing organization, controls, or holds with power to vote, 20 per- leverage transaction merchant, or commodity cent or more of the outstanding voting secu- options dealer, as defined in section 761 of this rities of the debtor, other than an entity title, with respect to which there is a cus- that holds such securities— tomer, as defined in section 761 of this title. (i) in a fiduciary or agency capacity (7) The term ‘‘community claim’’ means without sole discretionary power to vote claim that arose before the commencement of such securities; or the case concerning the debtor for which prop- (ii) solely to secure a debt, if such entity erty of the kind specified in section 541(a)(2) of has not in fact exercised such power to this title is liable, whether or not there is any vote; such property at the time of the commence- ment of the case. (B) corporation 20 percent or more of (7A) The term ‘‘commercial fishing oper- whose outstanding voting securities are di- ation’’ means— rectly or indirectly owned, controlled, or (A) the catching or harvesting of fish, held with power to vote, by the debtor, or by shrimp, lobsters, urchins, seaweed, shellfish, an entity that directly or indirectly owns, or other aquatic species or products of such controls, or holds with power to vote, 20 per- species; or cent or more of the outstanding voting secu- (B) for purposes of section 109 and chapter rities of the debtor, other than an entity 12, aquaculture activities consisting of rais- that holds such securities— ing for market any species or product de- (i) in a fiduciary or agency capacity scribed in subparagraph (A). without sole discretionary power to vote such securities; or (7B) The term ‘‘commercial fishing vessel’’ (ii) solely to secure a debt, if such entity means a vessel used by a family fisherman to has not in fact exercised such power to carry out a commercial fishing operation. vote; (8) The term ‘‘consumer debt’’ means debt (C) person whose business is operated incurred by an individual primarily for a per- under a lease or operating agreement by a sonal, family, or household purpose. debtor, or person substantially all of whose (9) The term ‘‘corporation’’— property is operated under an operating (A) includes— agreement with the debtor; or (i) association having a power or privi- (D) entity that operates the business or lege that a private corporation, but not an substantially all of the property of the debt- individual or a partnership, possesses; or under a lease or operating agreement. (ii) partnership association organized under a law that makes only the capital (3) The term ‘‘assisted person’’ means any subscribed responsible for the debts of person whose debts consist primarily of con- such association; sumer debts and the value of whose nonexempt (iii) joint-stock company; property is less than $150,000.1 (iv) unincorporated company or associa- (4) The term ‘‘attorney’’ means attorney, tion; or professional law association, corporation, or (v) business trust; but partnership, authorized under applicable law to practice law. (B) does not include limited partnership. (4A) The term ‘‘bankruptcy assistance’’ (10) The term ‘‘creditor’’ means— means any goods or services sold or otherwise (A) entity that has a claim against the debtor that arose at the time of or before the 1 See Adjustment of Dollar Amounts notes below. order for relief concerning the debtor; Page 9 TITLE 11—BANKRUPTCY § 101 (B) entity that has a claim against the es- sistance to an assisted person in return for the tate of a kind specified in section 348(d), payment of money or other valuable consider- 502(f), 502(g), 502(h) or 502(i) of this title; or ation, or who is a bankruptcy petition pre- (C) entity that has a community claim. parer under section 110, but does not include— (10A) The term ‘‘current monthly income’’— (A) any person who is an officer, director, (A) means the average monthly income employee, or agent of a person who provides from all sources that the debtor receives (or such assistance or of the bankruptcy peti- in a joint case the debtor and the debtor’s tion preparer; spouse receive) without regard to whether (B) a nonprofit organization that is ex- such income is taxable income, derived dur- empt from taxation under section 501(c)(3) of ing the 6-month period ending on— the Internal Revenue Code of 1986; (i) the last day of the calendar month (C) a creditor of such assisted person, to immediately preceding the date of the the extent that the creditor is assisting such commencement of the case if the debtor assisted person to restructure any debt owed files the schedule of current income re- by such assisted person to the creditor; quired by section 521(a)(1)(B)(ii); or (D) a depository institution (as defined in (ii) the date on which current income is section 3 of the Federal Deposit Insurance determined by the court for purposes of Act) or any Federal credit union or State this title if the debtor does not file the credit union (as those terms are defined in schedule of current income required by section 101 of the Federal Credit Union Act), section 521(a)(1)(B)(ii); and or any affiliate or subsidiary of such deposi- tory institution or credit union; or (B)(i) includes any amount paid by any en- (E) an author, publisher, distributor, or tity other than the debtor (or in a joint case seller of works subject to copyright protec- the debtor and the debtor’s spouse), on a reg- tion under title 17, when acting in such ca- ular basis for the household expenses of the pacity. debtor or the debtor’s dependents (and in a joint case the debtor’s spouse if not other- (13) The term ‘‘debtor’’ means person or mu- wise a dependent); and nicipality concerning which a case under this (ii) excludes— title has been commenced. (I) benefits received under the Social Se- (13A) The term ‘‘debtor’s principal resi- curity Act (42 U.S.C. 301 et seq.); dence’’— (II) payments to victims of war crimes or (A) means a residential structure if used as crimes against humanity on account of the principal residence by the debtor, includ- their status as victims of such crimes; ing incidental property, without regard to (III) payments to victims of inter- whether that structure is attached to real national terrorism or domestic terrorism, property; and as those terms are defined in section 2331 (B) includes an individual condominium or of title 18, on account of their status as cooperative unit, a mobile or manufactured victims of such terrorism; and home, or trailer if used as the principal resi- (IV) any monthly compensation, pension, dence by the debtor. pay, annuity, or allowance paid under title 10, 37, or 38 in connection with a disability, (14) The term ‘‘disinterested person’’ means combat-related injury or disability, or a person that— death of a member of the uniformed serv- (A) is not a creditor, an equity security ices, except that any retired pay excluded holder, or an insider; under this subclause shall include retired (B) is not and was not, within 2 years be- pay paid under chapter 61 of title 10 only fore the date of the filing of the petition, a to the extent that such retired pay exceeds director, officer, or employee of the debtor; the amount of retired pay to which the and debtor would otherwise be entitled if re- (C) does not have an interest materially tired under any provision of title 10 other adverse to the interest of the estate or of than chapter 61 of that title. any class of creditors or equity security holders, by reason of any direct or indirect (11) The term ‘‘custodian’’ means— relationship to, connection with, or interest (A) receiver or trustee of any of the prop- in, the debtor, or for any other reason.
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