United States Code/Title 11/Chapter 1/Section 101

by the United States Government

§ 101. Definitions

In this title the following definitions shall apply:

(1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized.

(2) The term "affiliate" means -

(A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities -

(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or

(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;

(B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities -

(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or

(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;

(C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or

(D) entity that operates the business or substantially all of the property of the debtor under a lease or operatingagreement.

(3) The term "assisted person" means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.

(4) The term "attorney" means attorney, professional law association, corporation, or partnership, authorized under applicable law to practice law.

(4A) The term "bankruptcy assistance" means any goods or services sold or otherwise provided to an assisted person with the express or implied purpose of providing information, advice, counsel, document preparation, or filing, or attendance at a creditors' meeting or appearing in a case or proceeding on behalf of another or providing legal representation with respect to a case or proceeding under this title.

(5) The term "claim" means -

(A) right to payment, whether or not such right is reduced to

judgment, liquidated, unliquidated, fixed, contingent, matured,

unmatured, disputed, undisputed, legal, equitable, secured, or

unsecured; or

(B) right to an equitable remedy for breach of performance if

such breach gives rise to a right to payment, whether or not

such right to an equitable remedy is reduced to judgment,

fixed, contingent, matured, unmatured, disputed, undisputed,

secured, or unsecured.

(6) The term "commodity broker" means futures commission

     merchant, foreign futures commission merchant, clearing
     organization, leverage transaction merchant, or commodity options
     dealer, as defined in section 761 of this title, with respect to
     which there is a customer, as defined in section 761 of this
     title.

(7) The term "community claim" means claim that arose before

     the commencement of the case concerning the debtor for which
     property of the kind specified in section 541(a)(2) of this title
     is liable, whether or not there is any such property at the time
     of the commencement of the case.

(7A) The term "commercial fishing operation" means -

(A) the catching or harvesting of fish, shrimp, lobsters,

urchins, seaweed, shellfish, or other aquatic species or

products of such species; or

(B) for purposes of section 109 and chapter 12, aquaculture

activities consisting of raising for market any species or

product described in subparagraph (A).

(7B) The term "commercial fishing vessel" means a vessel used

     by a family fisherman to carry out a commercial fishing
     operation.

(8) The term "consumer debt" means debt incurred by an

     individual primarily for a personal, family, or household
     purpose.

(9) The term "corporation" -

(A) includes -

(i) association having a power or privilege that a private

corporation, but not an individual or a partnership,

possesses;

(ii) partnership association organized under a law that

makes only the capital subscribed responsible for the debts

of such association;

(iii) joint-stock company;

(iv) unincorporated company or association; or

(v) business trust; but

(B) does not include limited partnership.

(10) The term "creditor" means -

(A) entity that has a claim against the debtor that arose at

the time of or before the order for relief concerning the

debtor;

(B) entity that has a claim against the estate of a kind

specified in section 348(d), 502(f), 502(g), 502(h) or 502(i)

of this title; or

(C) entity that has a community claim.

(10A) The term "current monthly income" -

(A) means the average monthly income from all sources that

the debtor receives (or in a joint case the debtor and the

debtor's spouse receive) without regard to whether such income

is taxable income, derived during the 6-month period ending on -

(i) the last day of the calendar month immediately

preceding the date of the commencement of the case if the

debtor files the schedule of current income required by

section 521(a)(1)(B)(ii); or

(ii) the date on which current income is determined by the

court for purposes of this title if the debtor does not file

the schedule of current income required by section

521(a)(1)(B)(ii); and

(B) includes any amount paid by any entity other than the

debtor (or in a joint case the debtor and the debtor's spouse),

on a regular basis for the household expenses of the debtor or

the debtor's dependents (and in a joint case the debtor's

spouse if not otherwise a dependent), but excludes benefits

received under the Social Security Act, payments to victims of

war crimes or crimes against humanity on account of their

status as victims of such crimes, and payments to victims of

international terrorism (as defined in section 2331 of title

18) or domestic terrorism (as defined in section 2331 of title

18) on account of their status as victims of such terrorism.

(11) The term "custodian" means -

(A) receiver or trustee of any of the property of the debtor,

appointed in a case or proceeding not under this title;

(B) assignee under a general assignment for the benefit of

the debtor's creditors; or

(C) trustee, receiver, or agent under applicable law, or

under a contract, that is appointed or authorized to take

charge of property of the debtor for the purpose of enforcing a

lien against such property, or for the purpose of general

administration of such property for the benefit of the debtor's

creditors.

(12) The term "debt" means liability on a claim.

(12A) The term "debt relief agency" means any person who

     provides any bankruptcy assistance to an assisted person in
     return for the payment of money or other valuable consideration,
     or who is a bankruptcy petition preparer under section 110, but
     does not include - 

(A) any person who is an officer, director, employee, or

agent of a person who provides such assistance or of the

bankruptcy petition preparer;

(B) a nonprofit organization that is exempt from taxation

under section 501(c)(3) of the Internal Revenue Code of 1986;

(C) a creditor of such assisted person, to the extent that

the creditor is assisting such assisted person to restructure

any debt owed by such assisted person to the creditor;

(D) a depository institution (as defined in section 3 of the

Federal Deposit Insurance Act) or any Federal credit union or

State credit union (as those terms are defined in section 101

of the Federal Credit Union Act), or any affiliate or

subsidiary of such depository institution or credit union; or

(E) an author, publisher, distributor, or seller of works

subject to copyright protection under title 17, when acting in

such capacity.

(13) The term "debtor" means person or municipality concerning

     which a case under this title has been commenced.

(13A) The term "debtor's principal residence" -

(A) means a residential structure, including incidental

property, without regard to whether that structure is attached

to real property; and

(B) includes an individual condominium or cooperative unit, a

mobile or manufactured home, or trailer.

(14) The term "disinterested person" means a person that -

(A) is not a creditor, an equity security holder, or an

insider;

(B) is not and was not, within 2 years before the date of the

filing of the petition, a director, officer, or employee of the

debtor; and

(C) does not have an interest materially adverse to the

interest of the estate or of any class of creditors or equity

security holders, by reason of any direct or indirect

relationship to, connection with, or interest in, the debtor,

or for any other reason.

(14A) The term "domestic support obligation" means a debt that

     accrues before, on, or after the date of the order for relief in
     a case under this title, including interest that accrues on that
     debt as provided under applicable nonbankruptcy law
     notwithstanding any other provision of this title, that is - 

(A) owed to or recoverable by -

(i) a spouse, former spouse, or child of the debtor or such

child's parent, legal guardian, or responsible relative; or

(ii) a governmental unit;

(B) in the nature of alimony, maintenance, or support

(including assistance provided by a governmental unit) of such

spouse, former spouse, or child of the debtor or such child's

parent, without regard to whether such debt is expressly so

designated;

(C) established or subject to establishment before, on, or

after the date of the order for relief in a case under this

title, by reason of applicable provisions of -

(i) a separation agreement, divorce decree, or property

settlement agreement;

(ii) an order of a court of record; or

(iii) a determination made in accordance with applicable

nonbankruptcy law by a governmental unit; and

(D) not assigned to a nongovernmental entity, unless that

obligation is assigned voluntarily by the spouse, former

spouse, child of the debtor, or such child's parent, legal

guardian, or responsible relative for the purpose of collecting

the debt.

(15) The term "entity" includes person, estate, trust,

     governmental unit, and United States trustee.

(16) The term "equity security" means -

(A) share in a corporation, whether or not transferable or

denominated "stock", or similar security;

(B) interest of a limited partner in a limited partnership;

or

(C) warrant or right, other than a right to convert, to

purchase, sell, or subscribe to a share, security, or interest

of a kind specified in subparagraph (A) or (B) of this

paragraph.

(17) The term "equity security holder" means holder of an

     equity security of the debtor.

(18) The term "family farmer" means -

(A) individual or individual and spouse engaged in a farming

operation whose aggregate debts do not exceed $3,237,000 and

not less than 50 percent of whose aggregate noncontingent,

liquidated debts (excluding a debt for the principal residence

of such individual or such individual and spouse unless such

debt arises out of a farming operation), on the date the case

is filed, arise out of a farming operation owned or operated by

such individual or such individual and spouse, and such

individual or such individual and spouse receive from such

farming operation more than 50 percent of such individual's or

such individual and spouse's gross income for -

(i) the taxable year preceding; or

(ii) each of the 2d and 3d taxable years preceding;

the taxable year in which the case concerning such individual

or such individual and spouse was filed; or

(B) corporation or partnership in which more than 50 percent

of the outstanding stock or equity is held by one family, or by

one family and the relatives of the members of such family, and

such family or such relatives conduct the farming operation,

and

(i) more than 80 percent of the value of its assets

consists of assets related to the farming operation;

(ii) its aggregate debts do not exceed $3,237,000 and not

less than 50 percent of its aggregate noncontingent,

liquidated debts (excluding a debt for one dwelling which is

owned by such corporation or partnership and which a

shareholder or partner maintains as a principal residence,

unless such debt arises out of a farming operation), on the

date the case is filed, arise out of the farming operation

owned or operated by such corporation or such partnership;

and

(iii) if such corporation issues stock, such stock is not

publicly traded.

(19) The term "family farmer with regular annual income" means

     family farmer whose annual income is sufficiently stable and
     regular to enable such family farmer to make payments under a
     plan under chapter 12 of this title.

(19A) The term "family fisherman" means -

(A) an individual or individual and spouse engaged in a

commercial fishing operation -

(i) whose aggregate debts do not exceed $1,500,000 and not

less than 80 percent of whose aggregate noncontingent,

liquidated debts (excluding a debt for the principal

residence of such individual or such individual and spouse,

unless such debt arises out of a commercial fishing

operation), on the date the case is filed, arise out of a

commercial fishing operation owned or operated by such

individual or such individual and spouse; and

(ii) who receive from such commercial fishing operation

more than 50 percent of such individual's or such

individual's and spouse's gross income for the taxable year

preceding the taxable year in which the case concerning such

individual or such individual and spouse was filed; or

(B) a corporation or partnership -

(i) in which more than 50 percent of the outstanding stock

or equity is held by -

(I) 1 family that conducts the commercial fishing

operation; or

(II) 1 family and the relatives of the members of such

family, and such family or such relatives conduct the

commercial fishing operation; and

(ii)(I) more than 80 percent of the value of its assets

consists of assets related to the commercial fishing

operation;

(II) its aggregate debts do not exceed $1,500,000 and not

less than 80 percent of its aggregate noncontingent,

liquidated debts (excluding a debt for 1 dwelling which is

owned by such corporation or partnership and which a

shareholder or partner maintains as a principal residence,

unless such debt arises out of a commercial fishing

operation), on the date the case is filed, arise out of a

commercial fishing operation owned or operated by such

corporation or such partnership; and

(III) if such corporation issues stock, such stock is not

publicly traded.

(19B) The term "family fisherman with regular annual income"

     means a family fisherman whose annual income is sufficiently
     stable and regular to enable such family fisherman to make
     payments under a plan under chapter 12 of this title.

(20) The term "farmer" means (except when such term appears in

     the term "family farmer") person that received more than 80
     percent of such person's gross income during the taxable year of
     such person immediately preceding the taxable year of such person
     during which the case under this title concerning such person was
     commenced from a farming operation owned or operated by such
     person.

(21) The term "farming operation" includes farming, tillage of

     the soil, dairy farming, ranching, production or raising of
     crops, poultry, or livestock, and production of poultry or
     livestock products in an unmanufactured state.

(21A) The term "farmout agreement" means a written agreement in

     which - 

(A) the owner of a right to drill, produce, or operate liquid

or gaseous hydrocarbons on property agrees or has agreed to

transfer or assign all or a part of such right to another

entity; and

(B) such other entity (either directly or through its agents

or its assigns), as consideration, agrees to perform drilling,

reworking, recompleting, testing, or similar or related

operations, to develop or produce liquid or gaseous

hydrocarbons on the property.

(21B) The term "Federal depository institutions regulatory

     agency" means - 

(A) with respect to an insured depository institution (as

defined in section 3(c)(2) of the Federal Deposit Insurance

Act) for which no conservator or receiver has been appointed,

the appropriate Federal banking agency (as defined in section

3(q) of such Act);

(B) with respect to an insured credit union (including an

insured credit union for which the National Credit Union

Administration has been appointed conservator or liquidating

agent), the National Credit Union Administration;

(C) with respect to any insured depository institution for

which the Resolution Trust Corporation has been appointed

conservator or receiver, the Resolution Trust Corporation; and

(D) with respect to any insured depository institution for

which the Federal Deposit Insurance Corporation has been

appointed conservator or receiver, the Federal Deposit

Insurance Corporation.

(22) The term "financial institution" means -

(A) a Federal reserve bank, or an entity (domestic or

foreign) that is a commercial or savings bank, industrial

savings bank, savings and loan association, trust company,

federally-insured credit union, or receiver, liquidating agent,

or conservator for such entity and, when any such Federal

reserve bank, receiver, liquidating agent, conservator or

entity is acting as agent or custodian for a customer in

connection with a securities contract (as defined in section

741) such customer; or

(B) in connection with a securities contract (as defined in

section 741) an investment company registered under the

Investment Company Act of 1940.

(22A) The term "financial participant" means -

(A) an entity that, at the time it enters into a securities

contract, commodity contract, swap agreement, repurchase

agreement, or forward contract, or at the time of the date of

the filing of the petition, has one or more agreements or

transactions described in paragraph (1), (2), (3), (4), (5), or

(6) of section 561(a) with the debtor or any other entity

(other than an affiliate) of a total gross dollar value of not

less than $1,000,000,000 in notional or actual principal amount

outstanding on any day during the previous 15-month period, or

has gross mark-to-market positions of not less than

$100,000,000 (aggregated across counterparties) in one or more

such agreements or transactions with the debtor or any other

entity (other than an affiliate) on any day during the previous

15-month period; or

(B) a clearing organization (as defined in section 402 of the

Federal Deposit Insurance Corporation Improvement Act of 1991).

(23) The term "foreign proceeding" means a collective judicial

     or administrative proceeding in a foreign country, including an
     interim proceeding, under a law relating to insolvency or
     adjustment of debt in which proceeding the assets and affairs of
     the debtor are subject to control or supervision by a foreign
     court, for the purpose of reorganization or liquidation.

(24) The term "foreign representative" means a person or body,

     including a person or body appointed on an interim basis,
     authorized in a foreign proceeding to administer the
     reorganization or the liquidation of the debtor's assets or
     affairs or to act as a representative of such foreign proceeding.

(25) The term "forward contract" means -

(A) a contract (other than a commodity contract) for the

purchase, sale, or transfer of a commodity, as defined in

section 761(8) of this title, or any similar good, article,

service, right, or interest which is presently or in the future

becomes the subject of dealing in the forward contract trade,

or product or byproduct thereof, with a maturity date more than

two days after the date the contract is entered into,

including, but not limited to, a repurchase transaction,

reverse repurchase transaction, consignment, lease, swap, hedge

transaction, deposit, loan, option, allocated transaction,

unallocated transaction, or any other similar agreement;

(B) any combination of agreements or transactions referred to

in subparagraphs (A) and (C);

(C) any option to enter into an agreement or transaction

referred to in subparagraph (A) or (B);

(D) a master agreement that provides for an agreement or

transaction referred to in subparagraph (A), (B), or (C),

together with all supplements to any such master agreement,

without regard to whether such master agreement provides for an

agreement or transaction that is not a forward contract under

this paragraph, except that such master agreement shall be

considered to be a forward contract under this paragraph only

with respect to each agreement or transaction under such master

agreement that is referred to in subparagraph (A), (B), or (C);

or

(E) any security agreement or arrangement, or other credit

enhancement related to any agreement or transaction referred to

in subparagraph (A), (B), (C), or (D), including any guarantee

or reimbursement obligation by or to a forward contract

merchant or financial participant in connection with any

agreement or transaction referred to in any such subparagraph,

but not to exceed the damages in connection with any such

agreement or transaction, measured in accordance with section

562.

(26) The term "forward contract merchant" means a Federal

     reserve bank, or an entity the business of which consists in
     whole or in part of entering into forward contracts as or with
     merchants in a commodity (as defined in section 761) or any
     similar good, article, service, right, or interest which is
     presently or in the future becomes the subject of dealing in the
     forward contract trade.

(27) The term "governmental unit" means United States; State;

     Commonwealth; District; Territory; municipality; foreign state;
     department, agency, or instrumentality of the United States (but
     not a United States trustee while serving as a trustee in a case
     under this title), a State, a Commonwealth, a District, a
     Territory, a municipality, or a foreign state; or other foreign
     or domestic government.

(27A) The term "health care business" -

(A) means any public or private entity (without regard to

whether that entity is organized for profit or not for profit)

that is primarily engaged in offering to the general public

facilities and services for -

(i) the diagnosis or treatment of injury, deformity, or

disease; and

(ii) surgical, drug treatment, psychiatric, or obstetric

care; and

(B) includes -

(i) any -

(I) general or specialized hospital;

(II) ancillary ambulatory, emergency, or surgical

treatment facility;

(III) hospice;

(IV) home health agency; and

(V) other health care institution that is similar to an

entity referred to in subclause (I), (II), (III), or (IV);

and

(ii) any long-term care facility, including any -

(I) skilled nursing facility;

(II) intermediate care facility;

(III) assisted living facility;

(IV) home for the aged;

(V) domiciliary care facility; and

(VI) health care institution that is related to a

facility referred to in subclause (I), (II), (III), (IV),

or (V), if that institution is primarily engaged in

offering room, board, laundry, or personal assistance with

activities of daily living and incidentals to activities of

daily living.

(27B) The term "incidental property" means, with respect to a

     debtor's principal residence - 

(A) property commonly conveyed with a principal residence in

the area where the real property is located;

(B) all easements, rights, appurtenances, fixtures, rents,

royalties, mineral rights, oil or gas rights or profits, water

rights, escrow funds, or insurance proceeds; and

(C) all replacements or additions.

(28) The term "indenture" means mortgage, deed of trust, or

     indenture, under which there is outstanding a security, other
     than a voting-trust certificate, constituting a claim against the
     debtor, a claim secured by a lien on any of the debtor's
     property, or an equity security of the debtor.

(29) The term "indenture trustee" means trustee under an

     indenture.

(30) The term "individual with regular income" means individual

     whose income is sufficiently stable and regular to enable such
     individual to make payments under a plan under chapter 13 of this
     title, other than a stockbroker or a commodity broker.

(31) The term "insider" includes -

(A) if the debtor is an individual -

(i) relative of the debtor or of a general partner of the

debtor;

(ii) partnership in which the debtor is a general partner;

(iii) general partner of the debtor; or

(iv) corporation of which the debtor is a director,

officer, or person in control;

(B) if the debtor is a corporation -

(i) director of the debtor;

(ii) officer of the debtor;

(iii) person in control of the debtor;

(iv) partnership in which the debtor is a general partner;

(v) general partner of the debtor; or

(vi) relative of a general partner, director, officer, or

person in control of the debtor;

(C) if the debtor is a partnership -

(i) general partner in the debtor;

(ii) relative of a general partner in, general partner of,

or person in control of the debtor;

(iii) partnership in which the debtor is a general partner;

(iv) general partner of the debtor; or

(v) person in control of the debtor;

(D) if the debtor is a municipality, elected official of the

debtor or relative of an elected official of the debtor;

(E) affiliate, or insider of an affiliate as if such

affiliate were the debtor; and

(F) managing agent of the debtor.

(32) The term "insolvent" means -

(A) with reference to an entity other than a partnership and

a municipality, financial condition such that the sum of such

entity's debts is greater than all of such entity's property,

at a fair valuation, exclusive of -

(i) property transferred, concealed, or removed with intent

to hinder, delay, or defraud such entity's creditors; and

(ii) property that may be exempted from property of the

estate under section 522 of this title;

(B) with reference to a partnership, financial condition such

that the sum of such partnership's debts is greater than the

aggregate of, at a fair valuation -

(i) all of such partnership's property, exclusive of

property of the kind specified in subparagraph (A)(i) of this

paragraph; and

(ii) the sum of the excess of the value of each general

partner's nonpartnership property, exclusive of property of

the kind specified in subparagraph (A) of this paragraph,

over such partner's nonpartnership debts; and

(C) with reference to a municipality, financial condition

such that the municipality is -

(i) generally not paying its debts as they become due

unless such debts are the subject of a bona fide dispute; or

(ii) unable to pay its debts as they become due.

(33) The term "institution-affiliated party" -

(A) with respect to an insured depository institution (as

defined in section 3(c)(2) of the Federal Deposit Insurance

Act), has the meaning given it in section 3(u) of the Federal

Deposit Insurance Act; and

(B) with respect to an insured credit union, has the meaning

given it in section 206(r) of the Federal Credit Union Act.

(34) The term "insured credit union" has the meaning given it

     in section 101(7) of the Federal Credit Union Act.

(35) The term "insured depository institution" -

(A) has the meaning given it in section 3(c)(2) of the

Federal Deposit Insurance Act; and

(B) includes an insured credit union (except in the case of

paragraphs (23) and (35) of this subsection).

(35A) The term "intellectual property" means -

(A) trade secret;

(B) invention, process, design, or plant protected under

title 35;

(C) patent application;

(D) plant variety;

(E) work of authorship protected under title 17; or

(F) mask work protected under chapter 9 of title 17;

     to the extent protected by applicable nonbankruptcy law.

(36) The term "judicial lien" means lien obtained by judgment,

     levy, sequestration, or other legal or equitable process or
     proceeding.

(37) The term "lien" means charge against or interest in

     property to secure payment of a debt or performance of an
     obligation.

(38) The term "margin payment" means, for purposes of the

     forward contract provisions of this title, payment or deposit of
     cash, a security or other property, that is commonly known in the
     forward contract trade as original margin, initial margin,
     maintenance margin, or variation margin, including mark-to-market
     payments, or variation payments.

(38A) The term "master netting agreement" -

(A) means an agreement providing for the exercise of rights,

including rights of netting, setoff, liquidation, termination,

acceleration, or close out, under or in connection with one or

more contracts that are described in any one or more of

paragraphs (1) through (5) of section 561(a), or any security

agreement or arrangement or other credit enhancement related to

one or more of the foregoing, including any guarantee or

reimbursement obligation related to 1 or more of the foregoing;

and

(B) if the agreement contains provisions relating to

agreements or transactions that are not contracts described in

paragraphs (1) through (5) of section 561(a), shall be deemed

to be a master netting agreement only with respect to those

agreements or transactions that are described in any one or

more of paragraphs (1) through (5) of section 561(a).

(38B) The term "master netting agreement participant" means an

     entity that, at any time before the date of the filing of the
     petition, is a party to an outstanding master netting agreement
     with the debtor.

(39) The term "mask work" has the meaning given it in section

     901(a)(2) of title 17.

(39A) The term "median family income" means for any year -

(A) the median family income both calculated and reported by

the Bureau of the Census in the then most recent year; and

(B) if not so calculated and reported in the then current

year, adjusted annually after such most recent year until the

next year in which median family income is both calculated and

reported by the Bureau of the Census, to reflect the percentage

change in the Consumer Price Index for All Urban Consumers

during the period of years occurring after such most recent

year and before such current year.

(40) The term "municipality" means political subdivision or

     public agency or instrumentality of a State.

(40A) The term "patient" means any individual who obtains or

     receives services from a health care business.

(40B) The term "patient records" means any written document

     relating to a patient or a record recorded in a magnetic,
     optical, or other form of electronic medium.

(41) The term "person" includes individual, partnership, and

     corporation, but does not include governmental unit, except that
     a governmental unit that - 

(A) acquires an asset from a person -

(i) as a result of the operation of a loan guarantee

agreement; or

(ii) as receiver or liquidating agent of a person;

(B) is a guarantor of a pension benefit payable by or on

behalf of the debtor or an affiliate of the debtor; or

(C) is the legal or beneficial owner of an asset of -

(i) an employee pension benefit plan that is a governmental

plan, as defined in section 414(d) of the Internal Revenue

Code of 1986; or

(ii) an eligible deferred compensation plan, as defined in

section 457(b) of the Internal Revenue Code of 1986;

     shall be considered, for purposes of section 1102 of this title,
     to be a person with respect to such asset or such benefit.

(41A) The term "personally identifiable information" means -

(A) if provided by an individual to the debtor in connection

with obtaining a product or a service from the debtor primarily

for personal, family, or household purposes -

(i) the first name (or initial) and last name of such

individual, whether given at birth or time of adoption, or

resulting from a lawful change of name;

(ii) the geographical address of a physical place of

residence of such individual;

(iii) an electronic address (including an e-mail address)

of such individual;

(iv) a telephone number dedicated to contacting such

individual at such physical place of residence;

(v) a social security account number issued to such

individual; or

(vi) the account number of a credit card issued to such

individual; or

(B) if identified in connection with 1 or more of the items

of information specified in subparagraph (A) -

(i) a birth date, the number of a certificate of birth or

adoption, or a place of birth; or

(ii) any other information concerning an identified

individual that, if disclosed, will result in contacting or

identifying such individual physically or electronically.

(42) The term "petition" means petition filed under section

     301, 302, 303, or 304 (!1) of this title, as the case may be,
     commencing a case under this title.

(42A) The term "production payment" means a term overriding

     royalty satisfiable in cash or in kind - 

(A) contingent on the production of a liquid or gaseous

hydrocarbon from particular real property; and

(B) from a specified volume, or a specified value, from the

liquid or gaseous hydrocarbon produced from such property, and

determined without regard to production costs.

(43) The term "purchaser" means transferee of a voluntary

     transfer, and includes immediate or mediate transferee of such a
     transferee.

(44) The term "railroad" means common carrier by railroad

     engaged in the transportation of individuals or property or owner
     of trackage facilities leased by such a common carrier.

(45) The term "relative" means individual related by affinity

     or consanguinity within the third degree as determined by the
     common law, or individual in a step or adoptive relationship
     within such third degree.

(46) The term "repo participant" means an entity that, at any

     time before the filing of the petition, has an outstanding
     repurchase agreement with the debtor.

(47) The term "repurchase agreement" (which definition also

     applies to a reverse repurchase agreement) - 

(A) means -

(i) an agreement, including related terms, which provides

for the transfer of one or more certificates of deposit,

mortgage related securities (as defined in section 3 of the

Securities Exchange Act of 1934), mortgage loans, interests

in mortgage related securities or mortgage loans, eligible

bankers' acceptances, qualified foreign government securities

(defined as a security that is a direct obligation of, or

that is fully guaranteed by, the central government of a

member of the Organization for Economic Cooperation and

Development), or securities that are direct obligations of,

or that are fully guaranteed by, the United States or any

agency of the United States against the transfer of funds by

the transferee of such certificates of deposit, eligible

bankers' acceptances, securities, mortgage loans, or

interests, with a simultaneous agreement by such transferee

to transfer to the transferor thereof certificates of

deposit, eligible bankers' acceptance, securities, mortgage

loans, or interests of the kind described in this clause, at

a date certain not later than 1 year after such transfer or

on demand, against the transfer of funds;

(ii) any combination of agreements or transactions referred

to in clauses (i) and (iii);

(iii) an option to enter into an agreement or transaction

referred to in clause (i) or (ii);

(iv) a master agreement that provides for an agreement or

transaction referred to in clause (i), (ii), or (iii),

together with all supplements to any such master agreement,

without regard to whether such master agreement provides for

an agreement or transaction that is not a repurchase

agreement under this paragraph, except that such master

agreement shall be considered to be a repurchase agreement

under this paragraph only with respect to each agreement or

transaction under the master agreement that is referred to in

clause (i), (ii), or (iii); or

(v) any security agreement or arrangement or other credit

enhancement related to any agreement or transaction referred

to in clause (i), (ii), (iii), or (iv), including any

guarantee or reimbursement obligation by or to a repo

participant or financial participant in connection with any

agreement or transaction referred to in any such clause, but

not to exceed the damages in connection with any such

agreement or transaction, measured in accordance with section

562 of this title; and

(B) does not include a repurchase obligation under a

participation in a commercial mortgage loan.

(48) The term "securities clearing agency" means person that is

     registered as a clearing agency under section 17A of the
     Securities Exchange Act of 1934, or exempt from such registration
     under such section pursuant to an order of the Securities and
     Exchange Commission, or whose business is confined to the
     performance of functions of a clearing agency with respect to
     exempted securities, as defined in section 3(a)(12) of such Act
     for the purposes of such section 17A.

(48A) The term "securities self regulatory organization" means

     either a securities association registered with the Securities
     and Exchange Commission under section 15A of the Securities
     Exchange Act of 1934 or a national securities exchange registered
     with the Securities and Exchange Commission under section 6 of
     the Securities Exchange Act of 1934.

(49) The term "security" -

(A) includes -

(i) note;

(ii) stock;

(iii) treasury stock;

(iv) bond;

(v) debenture;

(vi) collateral trust certificate;

(vii) pre-organization certificate or subscription;

(viii) transferable share;

(ix) voting-trust certificate;

(x) certificate of deposit;

(xi) certificate of deposit for security;

(xii) investment contract or certificate of interest or

participation in a profit-sharing agreement or in an oil,

gas, or mineral royalty or lease, if such contract or

interest is required to be the subject of a registration

statement filed with the Securities and Exchange Commission

under the provisions of the Securities Act of 1933, or is

exempt under section 3(b) of such Act from the requirement to

file such a statement;

(xiii) interest of a limited partner in a limited

partnership;

(xiv) other claim or interest commonly known as "security";

and

(xv) certificate of interest or participation in, temporary

or interim certificate for, receipt for, or warrant or right

to subscribe to or purchase or sell, a security; but

(B) does not include -

(i) currency, check, draft, bill of exchange, or bank

letter of credit;

(ii) leverage transaction, as defined in section 761 of

this title;

(iii) commodity futures contract or forward contract;

(iv) option, warrant, or right to subscribe to or purchase

or sell a commodity futures contract;

(v) option to purchase or sell a commodity;

(vi) contract or certificate of a kind specified in

subparagraph (A)(xii) of this paragraph that is not required

to be the subject of a registration statement filed with the

Securities and Exchange Commission and is not exempt under

section 3(b) of the Securities Act of 1933 from the

requirement to file such a statement; or

(vii) debt or evidence of indebtedness for goods sold and

delivered or services rendered.

(50) The term "security agreement" means agreement that creates

     or provides for a security interest.

(51) The term "security interest" means lien created by an

     agreement.

(51A) The term "settlement payment" means, for purposes of the

     forward contract provisions of this title, a preliminary
     settlement payment, a partial settlement payment, an interim
     settlement payment, a settlement payment on account, a final
     settlement payment, a net settlement payment, or any other
     similar payment commonly used in the forward contract trade.

(51B) The term "single asset real estate" means real property

     constituting a single property or project, other than residential
     real property with fewer than 4 residential units, which
     generates substantially all of the gross income of a debtor who
     is not a family farmer and on which no substantial business is
     being conducted by a debtor other than the business of operating
     the real property and activities incidental.

(51C) The term "small business case" means a case filed under

     chapter 11 of this title in which the debtor is a small business
     debtor.

(51D) The term "small business debtor" -

(A) subject to subparagraph (B), means a person engaged in

commercial or business activities (including any affiliate of

such person that is also a debtor under this title and

excluding a person whose primary activity is the business of

owning or operating real property or activities incidental

thereto) that has aggregate noncontingent liquidated secured

and unsecured debts as of the date of the petition or the date

of the order for relief in an amount not more than $2,000,000

(excluding debts owed to 1 or more affiliates or insiders) for

a case in which the United States trustee has not appointed

under section 1102(a)(1) a committee of unsecured creditors or

where the court has determined that the committee of unsecured

creditors is not sufficiently active and representative to

provide effective oversight of the debtor; and

(B) does not include any member of a group of affiliated

debtors that has aggregate noncontingent liquidated secured and

unsecured debts in an amount greater than $2,000,000 (excluding

debt owed to 1 or more affiliates or insiders).

(52) The term "State" includes the District of Columbia and

     Puerto Rico, except for the purpose of defining who may be a
     debtor under chapter 9 of this title.

(53) The term "statutory lien" means lien arising solely by

     force of a statute on specified circumstances or conditions, or
     lien of distress for rent, whether or not statutory, but does not
     include security interest or judicial lien, whether or not such
     interest or lien is provided by or is dependent on a statute and
     whether or not such interest or lien is made fully effective by
     statute.

(53A) The term "stockbroker" means person -

(A) with respect to which there is a customer, as defined in

section 741 of this title; and

(B) that is engaged in the business of effecting transactions

in securities -

(i) for the account of others; or

(ii) with members of the general public, from or for such

person's own account.

(53B) The term "swap agreement" -

(A) means -

(i) any agreement, including the terms and conditions

incorporated by reference in such agreement, which is -

(I) an interest rate swap, option, future, or forward

agreement, including a rate floor, rate cap, rate collar,

cross-currency rate swap, and basis swap;

(II) a spot, same day-tomorrow, tomorrow-next, forward,

or other foreign exchange or precious metals agreement;

(III) a currency swap, option, future, or forward

agreement;

(IV) an equity index or equity swap, option, future, or

forward agreement;

(V) a debt index or debt swap, option, future, or forward

agreement;

(VI) a total return, credit spread or credit swap,

option, future, or forward agreement;

(VII) a commodity index or a commodity swap, option,

future, or forward agreement; or

(VIII) a weather swap, weather derivative, or weather

option;

(ii) any agreement or transaction that is similar to any

other agreement or transaction referred to in this paragraph

and that -

(I) is of a type that has been, is presently, or in the

future becomes, the subject of recurrent dealings in the

swap markets (including terms and conditions incorporated

by reference therein); and

(II) is a forward, swap, future, or option on one or more

rates, currencies, commodities, equity securities, or other

equity instruments, debt securities or other debt

instruments, quantitative measures associated with an

occurrence, extent of an occurrence, or contingency

associated with a financial, commercial, or economic

consequence, or economic or financial indices or measures

of economic or financial risk or value;

(iii) any combination of agreements or transactions

referred to in this subparagraph;

(iv) any option to enter into an agreement or transaction

referred to in this subparagraph;

(v) a master agreement that provides for an agreement or

transaction referred to in clause (i), (ii), (iii), or (iv),

together with all supplements to any such master agreement,

and without regard to whether the master agreement contains

an agreement or transaction that is not a swap agreement

under this paragraph, except that the master agreement shall

be considered to be a swap agreement under this paragraph

only with respect to each agreement or transaction under the

master agreement that is referred to in clause (i), (ii),

(iii), or (iv); or

(vi) any security agreement or arrangement or other credit

enhancement related to any agreements or transactions

referred to in clause (i) through (v), including any

guarantee or reimbursement obligation by or to a swap

participant or financial participant in connection with any

agreement or transaction referred to in any such clause, but

not to exceed the damages in connection with any such

agreement or transaction, measured in accordance with section

562; and

(B) is applicable for purposes of this title only, and shall

not be construed or applied so as to challenge or affect the

characterization, definition, or treatment of any swap

agreement under any other statute, regulation, or rule,

including the Securities Act of 1933, the Securities Exchange

Act of 1934, the Public Utility Holding Company Act of 1935,

the Trust Indenture Act of 1939, the Investment Company Act of

1940, the Investment Advisers Act of 1940, the Securities

Investor Protection Act of 1970, the Commodity Exchange Act,

the Gramm-Leach-Bliley Act, and the Legal Certainty for Bank

Products Act of 2000.

(53C) The term "swap participant" means an entity that, at any

     time before the filing of the petition, has an outstanding swap
     agreement with the debtor.

(56A) (!2) The term "term overriding royalty" means an interest

     in liquid or gaseous hydrocarbons in place or to be produced from
     particular real property that entitles the owner thereof to a
     share of production, or the value thereof, for a term limited by
     time, quantity, or value realized.

(53D) The term "timeshare plan" means and shall include that

     interest purchased in any arrangement, plan, scheme, or similar
     device, but not including exchange programs, whether by
     membership, agreement, tenancy in common, sale, lease, deed,
     rental agreement, license, right to use agreement, or by any
     other means, whereby a purchaser, in exchange for consideration,
     receives a right to use accommodations, facilities, or
     recreational sites, whether improved or unimproved, for a
     specific period of time less than a full year during any given
     year, but not necessarily for consecutive years, and which
     extends for a period of more than three years. A "timeshare
     interest" is that interest purchased in a timeshare plan which
     grants the purchaser the right to use and occupy accommodations,
     facilities, or recreational sites, whether improved or
     unimproved, pursuant to a timeshare plan.

(54) The term "transfer" means -

(A) the creation of a lien;

(B) the retention of title as a security interest;

(C) the foreclosure of a debtor's equity of redemption; or

(D) each mode, direct or indirect, absolute or conditional,

voluntary or involuntary, of disposing of or parting with -

(i) property; or

(ii) an interest in property.

(54A) The term "uninsured State member bank" means a State

     member bank (as defined in section 3 of the Federal Deposit
     Insurance Act) the deposits of which are not insured by the
     Federal Deposit Insurance Corporation.

(55) The term "United States", when used in a geographical

     sense, includes all locations where the judicial jurisdiction of
     the United States extends, including territories and possessions
     of the United States.

-SOURCE-

   (Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2549; Pub. L. 97-222, Sec.
   1, July 27, 1982, 96 Stat. 235; Pub. L. 98-353, title III, Secs.
   391, 401, 421, July 10, 1984, 98 Stat. 364, 366, 367; Pub. L. 99-
   554, title II, Secs. 201, 251, 283(a), Oct. 27, 1986, 100 Stat.
   3097, 3104, 3116; Pub. L. 100-506, Sec. 1(a), Oct. 18, 1988, 102
   Stat. 2538; Pub. L. 100-597, Sec. 1, Nov. 3, 1988, 102 Stat. 3028;
   Pub. L. 101-311, title I, Sec. 101, title II, Sec. 201, June 25,
   1990, 104 Stat. 267, 268; Pub. L. 101-647, title XXV, Sec. 2522(e),
   Nov. 29, 1990, 104 Stat. 4867; Pub. L. 102-486, title XXX, Sec.
   3017(a), Oct. 24, 1992, 106 Stat. 3130; Pub. L. 103-394, title I,
   Sec. 106, title II, Secs. 208(a), 215, 217(a), 218(a), title III,
   Sec. 304(a), title V, Sec. 501(a), (b)(1), (d)(1), Oct. 22, 1994,
   108 Stat. 4111, 4124, 4126-4128, 4132, 4141-4143; Pub. L. 106-554,
   Sec. 1(a)(5) [title I, Sec. 112(c)(3), (4)], Dec. 21, 2000, 114
   Stat. 2763, 2763A-393, 2763A-394; Pub. L. 109-8, title I, Sec.
   102(b), (k), title II, Secs. 211, 226(a), 231(b), title III, Sec.
   306(c), title IV, Secs. 401(a), 414, 432(a), title VIII, Sec.
   802(b), title IX, Sec. 907(a)(1), (b), (c), title X, Secs. 1004,
   1005, 1007(a), title XI, Sec. 1101(a), (b), title XII, Sec. 1201,
   Apr. 20, 2005, 119 Stat. 32, 35, 50, 66, 73, 80, 104, 107, 110,
   145, 170, 175, 186, 187, 189, 192.)

-MISC1-

HISTORICAL AND REVISION NOTES::

LEGISLATIVE STATEMENTS::

     Section 101(2) defines "affiliate." The House amendment contains
   a provision that is a compromise between the definition in the
   House-passed version of H.R. 8200 and the Senate amendment in the
   nature of a substitute to H.R. 8200. Subparagraphs (A) and (B) are
   derived from the Senate amendment and subparagraph (D) is taken
   from the House bill, while subparagraph (C) represents a
   compromise, taking the House position with respect to a person
   whose business is operated under a lease or an operating agreement
   by the debtor and with respect to a person substantially all of
   whose property is operated under an operating agreement by the
   debtor and with respect to a person substantially all of whose
   property is operated under an operating agreement by the debtor and
   the Senate position on leased property. Thus, the definition of
   "affiliate" excludes persons substantially all of whose property is
   operated under a lease agreement by a debtor, such as a small
   company which owns equipment all of which is leased to a larger
   nonrelated company.
     Section 101(4)(B) represents a modification of the House-passed
   bill to include the definition of "claim" a right to an equitable
   remedy for breach of performance if such breach gives rise to a
   right to payment. This is intended to cause the liquidation or
   estimation of contingent rights of payment for which there may be
   an alternative equitable remedy with the result that the equitable
   remedy will be susceptible to being discharged in bankruptcy. For
   example, in some States, a judgment for specific performance may be
   satisfied by an alternative right to payment, in the event
   performance is refused; in that event, the creditor entitled to
   specific performance would have a "claim" for purposes of a
   proceeding under title 11.
     On the other hand, rights to an equitable remedy for a breach of
   performance with respect to which such breach does not give rise to
   a right to payment are not "claims" and would therefore not be
   susceptible to discharge in bankruptcy.
     In a case under chapter 9 to title 11, "claim" does not include a
   right to payment under an industrial development bond issued by a
   municipality as a matter of convenience for a third party.
     Municipalities are authorized, under section 103(c) of the
   Internal Revenue Code of 1954, as amended [title 26], to issue tax-
   exempt industrial development revenue bonds to provide for the
   financing of certain projects for privately owned companies. The
   bonds are sold on the basis of the credit of the company on whose
   behalf they are issued, and the principal, interest, and premium,
   if any, are payable solely from payments made by the company to the
   trustee under the bond indenture and do not constitute claims on
   the tax revenues or other funds of the issuing municipalities. The
   municipality merely acts as the vehicle to enable the bonds to be
   issued on a tax-exempt basis. Claims that arise by virtue of these
   bonds are not among the claims defined by this paragraph and
   amounts owed by private companies to the holders of industrial
   development revenue bonds are not to be included among the assets
   of the municipality that would be affected by the plan.
     Section 101(6) defines "community claim" as provided by the
   Senate amendment in order to indicate that a community claim exists
   whether or not there is community property in the estate as of the
   commencement of the case.
     Section 101(7) of the House amendment contains a definition of
   consumer debt identical to the definition in the House bill and
   Senate amendment. A consumer debt does not include a debt to any
   extent the debt is secured by real property.
     Section 101(9) of the Senate amendment contained a definition of
   "court." The House amendment deletes the provision as unnecessary
   in light of the pervasive jurisdiction of a bankruptcy court under
   all chapters of title 11 as indicated in title II of the House
   amendment to H.R. 8200.
     Section 101(11) defines "debt" to mean liability on a claim, as
   was contained in the House-passed version of H.R. 8200. The Senate
   amendment contained language indicating that "debt" does not
   include a policy loan made by a life insurance company to the
   debtor. That language is deleted in the House amendment as
   unnecessary since a life insurance company clearly has no right to
   have a policy loan repaid by the debtor, although such company does
   have a right of offset with respect to such policy loan. Clearly,
   then, a "debt" does not include a policy loan made by a life
   insurance company. Inclusion of the language contained in the
   Senate amendment would have required elaboration of other legal
   relationships not arising by a liability on a claim. Further the
   language would have required clarification that interest on a
   policy loan made by a life insurance company is a debt, and that
   the insurance company does have right to payment to that interest.
     Section 101(14) adopts the definition of "entity" contained in
   the Senate-passed version of H.R. 8200. Since the Senate amendment
   to H.R. 8200 deleted the U.S. trustee, a corresponding definitional
   change is made in chapter 15 of the House amendment for U.S.
   trustees under the pilot program. Adoption by the House amendment
   of a pilot program for U.S. trustees under chapter 15 requires
   insertion of "United States trustee" in many sections. Several
   provisions in chapter 15 of the House amendment that relate to the
   U.S. trustee were not contained in the Senate amendment in the
   nature of a substitute.
     Section 101(17) defines "farmer," as in the Senate amendment with
   an income limitation percentage of 80 percent instead of 75
   percent.
     Section 101(18) contains a new definition of "farming operation"
   derived from present law and the definition of "farmer" in the
   Senate amendment. This definition gives a broad construction to the
   term "farming operation".
     Section 101(20) contains a definition of "foreign
   representative". It clarifies the House bill and Senate amendment
   by indicating that a foreign representative must be duly selected
   in a foreign proceeding.
     Section 101(35) defines "security" as contained in the Senate
   amendment. H.R. 8200 as adopted by the House excluded certain
   commercial notes from the definition of "security", and that
   exclusion is deleted.
     Section 101(40) defines "transfer" as in the Senate amendment.
   The definition contained in H.R. 8200 as passed by the House
   included "setoff" in the definition of "transfer". Inclusion of
   "setoff" is deleted. The effect is that a "setoff" is not subject
   to being set aside as a preferential "transfer" but will be subject
   to special rules.

SENATE REPORT NO. 95-989::

     Section 101 of title 11 contains 40 definitions:
     Paragraph (1) defines "accountant" as an accountant authorized
   under applicable law to practice accounting. The term includes a
   professional accounting association, corporation, or partnership if
   applicable law authorizes such a unit to practice accounting.
     Paragraph (2) defines "affiliate." An affiliate is an entity with
   a close relationship to the debtor. It includes a 20 percent parent
   or subsidiary of the debtor, whether a corporate, partnership,
   individual, or estate parent.
     The use of "directly or indirectly" in subparagraphs (A) and (B)
   is intended to cover situations in which there is an opportunity to
   control, and where the existence of that opportunity operates as
   indirect control.
     "Affiliate" is defined primarily for use in the definition of
   insider, infra, and for use in the chapter 11 reorganization cases.
   The definition of "affiliate" does not include an entity acting in
   a fiduciary or agency capacity if the entity does not have the sole
   discretionary power to vote 20 percent of the voting securities but
   hold them solely as security and have not exercised the power to
   vote. This restriction applies to a corporate affiliate under
   subparagraph (B) of paragraph (2).
     Subsections (C) and (D) of paragraph (2) define affiliate also as
   those persons and entities whose business or substantially all of
   whose property is operated under a lease or operating agreement by
   a debtor and whose business or property is more than 50 percent
   under the control of the debtor.
     The definition of "attorney" in paragraph (3) is similar to the
   definition of accountant.
     Paragraph (4) defines "claim." The effect of the definition is a
   significant departure from present law. Under present law, "claim"
   is not defined in straight bankruptcy. Instead it is simply used,
   along with the concept of provability in section 63 of the
   Bankruptcy Act [section 103 of former title 11], to limit the kinds
   of obligations that are payable in a bankruptcy case. The term is
   defined in the debtor rehabilitation chapters of present law far
   more broadly. The definition in paragraph (4) adopts an even
   broader definition of claim than is found in the present debtor
   rehabilitation chapters. The definition is any right to payment,
   whether or not reduced to judgment, liquidated, unliquidated,
   fixed, contingent, matured, unmatured, disputed, undisputed, legal,
   equitable, secured, or unsecured. The definition also includes as a
   claim an equitable right to performance that does not give rise to
   a right to payment. By this broadest possible definition and by the
   use of the term throughout the title 11, especially in subchapter I
   of chapter 5, the bill contemplates that all legal obligations of
   the debtor, no matter how remote or contingent, will be able to be
   dealt with in the bankruptcy case. It permits the broadest possible
   relief in the bankruptcy court.
     Paragraph (5) defines "commodity broker" by reference to various
   terms used and defined in subchapter IV of chapter 7, Commodity
   Broker Liquidation. The terms are described in connection with
   section 761, infra.
     Paragraph (6) defines "community claim" for those eight States
   that have community property laws. The definition is keyed to the
   liability of the debtor's property for a claim against either the
   debtor or the debtor's spouse. If the debtor's property is liable
   for a claim against either, that claim is a community claim.
     Paragraph (7) defines "consumer debt". The definition is adapted
   from the definition used in various consumer protection laws. It
   encompasses only a debt incurred by an individual primarily for a
   personal, family, or household purpose.
     The definition of "corporation" in paragraph (8) is similar to
   the definition in current law, section 1(8) [section 1(8) of former
   title 11]. The term encompasses any association having the power or
   privilege that a private corporation, but not an individual or
   partnership, has; partnership associations organized under a law
   that makes only the capital subscribed responsible for the debts of
   the partnership; joint-stock company; unincorporated company or
   association; and business trust. "Unincorporated association" is
   intended specifically to include a labor union, as well as other
   bodies that come under that phrase as used under current law. The
   exclusion of limited partnerships is explicit, and not left to the
   case law.
     Paragraph (9) defines "court" as the bankruptcy judge in the
   district in which the case is pending except in municipal
   adjustment and railroad reorganization cases, where "court" means
   the Federal district judge.
     Paragraph (10) [enacted as (9)] defines "creditor" to include
   holders of prepetition claims against the debtor. However, it also
   encompasses certain holders of claims that are deemed to arise
   before the date of the filing of the petition, such as those
   injured by the rejection of an executory contract or unexpired
   lease, certain investment tax credit recapture claim holders,
   "involuntary gap" creditors, and certain holders of the right of
   setoff. The term also includes the holder of a prepetition
   community claim. A guarantor of or surety for a claim against the
   debtor is also a creditor, because he holds a contingent claim
   against the debtor that becomes fixed when he pays the creditor
   whose claim he has guaranteed or insured.
     Paragraph (11) [enacted as (10)] defines "custodian." There is no
   similar definition in current law. It is defined to facilitate
   drafting, and means a prepetition liquidator of the debtor's
   property, such as an assignee for the benefit of creditors, a
   receiver of the debtor's property, or administrator of the debtor's
   property. The definition of custodian to include a receiver or
   trustee is descriptive, and not meant to be limited to court
   officers with those titles. The definition is intended to include
   other officers of the court if their functions are substantially
   similar to those of a receiver or trustee.
     "Debt" is defined in paragraph (12) [enacted as (11)] as a
   liability on a claim. The terms "debt" and "claim" are coextensive:
   a creditor has a "claim" against the debtor; the debtor owes a
   "debt" to the creditor. This definition of "debt" and the
   definition of "claim" on which it is based, proposed 11 U.S.C.
   101(4), does not include a transaction such as a policy loan on an
   insurance policy. Under that kind of transaction, the debtor is not
   liable to the insurance company for repayment; the amount owed is
   merely available to the company for setoff against any benefits
   that become payable under the policy. As such, the loan is not a
   claim (it is not a right to payment) that the company can assert
   against the estate; nor is the debtor's obligation a debt (a
   liability on a claim) that will be discharged under proposed 11
   U.S.C. 523 or 524.
     Paragraph (13) [enacted as (12)] defines "debtor." Debtor means
   person or municipality concerning which a case under title II has
   been commenced. This is a change in terminology from present law,
   which identifies the person by or against whom a petition is filed
   in a straight bankruptcy liquidation case as the "bankrupt", and a
   person or municipality that is proceeding under a debtor
   rehabilitation chapter (chapters VIII through XIII of the
   Bankruptcy Act) [chapters 8 through 13 of former title 11] as a
   "debtor." The term "debtor" is used for both kinds of cases in this
   bill, for ease of reference in chapters 1, 3, and 5 (which apply to
   straight bankruptcy and reorganization cases).
     Paragraph (14) [enacted as (13)] defines "disinterested person."
   The definition is adapted from section 158 of chapter X of current
   law [section 558 of former title 11], though it is expanded and
   modified in some respects. A person is a disinterested person if
   the person is not a creditor, equity security holder, or insider;
   is not and was not an investment banker of the debtor for any
   outstanding security of the debtor (the change from underwriter in
   current law to investment banker is to make the term more
   descriptive and to avoid conflict with the definition of
   underwriter in section 2(11) of the Securities Act of 1933 (15
   U.S.C. 77b(11)); has not been an investment banker for a security
   of the debtor within 3 years before the date of the filing of the
   petition (the change from five years to three years here conforms
   the definition with the statute of limitations in the Securities
   Act of 1933) [15 U.S.C. 77m], or an attorney for such an investment
   banker; is not an insider of the debtor or of such an investment
   banker; and does not have an interest materially adverse to the
   estate.
     "Entity" is defined, for convenience, in paragraph (15) [enacted
   as (14)], to include person, estate, trust, and governmental unit.
   It is the most inclusive of the various defined terms relating to
   bodies or units.
     Paragraph (16) defines "equity security." The term includes a
   share or stock in a corporation, a limited partner's interest in a
   limited partnership, and a warrant or right to subscribe to an
   equity security. The term does not include a security, such as a
   convertible debenture, that is convertible into equity security,
   but has not been converted.
     Paragraph (17) [enacted as (15)] defines "equity security holder"
   for convenience as the holder of an equity securing of the debtor.
     Paragraph (18) [enacted as (17)] defines "farmer". It encompasses
   only those persons for whom farming operations contribute 75
   percent or more of their total income.
     Paragraphs (19) and (20) define "foreign proceeding" and "foreign
   representative". A foreign proceeding is a proceeding in another
   country in which the debtor has some substantial connection for the
   purpose of liquidating the estate of the debtor or the purpose of
   financial rehabilitation of the debtor. A foreign representative is
   the representative of the estate in a foreign proceeding, such as a
   trustee or administrator.
     Paragraph (21) defines "governmental unit" in the broadest sense.
   The definition encompasses the United States, a State,
   Commonwealth, District, Territory, municipality, or foreign state,
   and a department, agency, or instrumentality of any of those
   entities. "Department, agency, or instrumentality" does not include
   an entity that owes its existence to State action, such as the
   granting of a charter or a license but that has no other connection
   with a State or local government or the Federal Government. The
   relationship must be an active one in which the department, agency,
   or instrumentality is actually carrying out some governmental
   function.
     Paragraph (22) defines "indenture." It is similar to the
   definition of indenture in the Trust Indenture Act of 1939 [15
   U.S.C. 77ccc(7)]. An indenture is the instrument under which
   securities, either debt or equity, of the debtor are outstanding.
     Paragraph (23) defines "indenture trustee" as the trustee under
   an indenture.
     Paragraph (24) defines "individual with regular income." The
   effect of this definition, and of its use in section 109(e), is to
   expand substantially the kinds of individuals that are eligible for
   relief under chapter 13, Adjustment of Debts of an Individual with
   Regular Income. Chapter XIII [chapter 13 of former title 11] is now
   available only for wage earners. The definition encompasses all
   individuals with incomes that are sufficiently stable and regular
   to enable them to make payments under a chapter 13 plan. Thus,
   individuals on welfare, social security, fixed pension incomes, or
   who live on investment incomes, will be able to work out repayment
   plans with their creditors rather than being forced into straight
   bankruptcy. Also, self-employed individuals will be eligible to use
   chapter 13 if they have regular incomes.
     However, the definition excludes certain stockbrokers and
   commodity brokers, in order to prohibit them from proceeding under
   chapter 13 and avoiding the customer protection provisions of
   chapter 7.
     "Insider", defined in paragraph (25), is a new term. An insider
   is one who has a sufficiently close relationship with the debtor
   that his conduct is made subject to closer scrutiny than those
   dealing at arms length with the debtor. If the debtor is an
   individual, then a relative of the debtor, a partnership in which
   the debtor is a general partner, a general partner of the debtor,
   and a corporation controlled by the debtor are all insiders. If the
   debtor is a corporation, then a controlling person, a relative of a
   controlling person, a partnership in which the debtor is a general
   partner, and a general partner of the debtor are all insiders. If
   the debtor is a partnership, then a general partner of or in the
   debtor, a relative of a general partner in the debtor, and a person
   in control are all insiders. If the debtor is a municipality, then
   an elected official of the debtor is an insider. In addition,
   affiliates of the debtor and managing agents are insiders.
     The definition of "insolvent" in paragraph (26) is adopted from
   section 1(19) of current law [section 1(19) of former title 11]. An
   entity is insolvent if its debts are greater than its assets, at a
   fair valuation, exclusive of property exempted or fraudulently
   transferred. It is the traditional bankruptcy balance sheet test of
   insolvency. For a partnership, the definition is modified to
   account for the liability of a general partner for the
   partnership's debts. The difference in this definition from that in
   current law is in the exclusion of exempt property for all purposes
   in the definition of insolvent.
     Paragraph (27) defines "judicial lien." It is one of three kinds
   of liens defined in this section. A judicial lien is a lien
   obtained by judgment, levy, sequestration, or other legal or
   equitable process or proceeding.
     Paragraph (28) defines "lien." The definition is new and is very
   broad. A lien is defined as a charge against or interest in
   property to secure payment of a debt or performance of an
   obligation. It includes inchoate liens. In general, the concept of
   lien is divided into three kinds of liens: judicial liens, security
   interests, and statutory liens. Those three categories are mutually
   exclusive and are exhaustive except for certain common law liens.
     Paragraph (29) defines "municipality." The definition is adapted
   from the terms used in the chapter IX (municipal bankruptcy)
   [chapter 9 of former title 11] amendment to the Bankruptcy Act
   enacted in 1976 (Pub. L. 94-260). That amendment spoke in terms of
   "political subdivision or public agency or instrumentality of a
   State". Bankruptcy Act Sec. 84 [section 404 of former title 11].
   The term municipality is defined by those three terms for
   convenience. It does not include the District of Columbia or any
   territories of the United States.
     "Person" is defined in paragraph (30). The definition is a change
   in wording, but not in substance, from the definition in section
   1(23) of the Bankruptcy Act [section 1(23) of former title 11]. The
   definition is also similar to the one contained in 1 U.S.C. sec. 1,
   but is repeated here for convenience and ease of reference. Person
   includes individual partnership, and corporation. The exclusion of
   governmental units is made explicit in order to avoid any confusion
   that may arise if, for example, a municipality is incorporated and
   thus is legally a corporation as well as governmental unit. The
   definition does not include an estate or a trust, which are
   included only in the definition of "entity" in proposed 11 U.S.C.
   101(14).
     "Petition" is defined for convenience in paragraph (31). Petition
   is a petition under section 301, 302, 303, or 304 of the bankruptcy
   code - that is, a petition that commences a case under title 11.
     Paragraph (32) defines purchaser as a transferee of a voluntary
   transfer, such as a sale or gift, and includes an immediate or
   mediate transferee of a purchaser.
     The definition of "railroad" in paragraph (33) is derived from
   section 77 of the Bankruptcy Act [section 205 of former title 11].
   A railroad is a common carrier by railroad engaged in the
   transportation of individuals or property, or an owner of trackage
   facilities leased by such a common carrier. The effect of the
   definition and the use of the term in section 109(d) is to
   eliminate the limitation now found in section 77 of the Bankruptcy
   Act that only railroads engaged in interstate commerce may proceed
   under the railroad reorganization provisions. The limitation may
   have been inserted because of a doubt that the commerce power could
   not reach intrastate railroads. Be that as it may, this bill is
   enacted under the bankruptcy power.
     Paragraph (34) defines "relative" as an individual related by
   affinity or consanguinity within the third degree as determined by
   the common law, and includes individuals in a step or adoptive
   relationship. The definition is similar to current law, but adds
   the latter phrase. This definition should be applied as of the time
   when the transaction that it concerns took place. Thus, a former
   spouse is not a relative, but if, for example, for purposes of the
   preference section, proposed 11 U.S.C. 547(b)(4)(B), the transferee
   was a spouse of the debtor at the time of the transfer sought to be
   avoided, then the transferee would be relative and subject to the
   insider rules, even if the transferee was no longer married to the
   debtor at the time of the commencement of the case or at the time
   of the commencement of the preference recovery proceeding.
     Paragraph (35) defines "security." The definition is new and is
   modeled on the most recent draft of the American Law Institute's
   proposed securities code, with some exceptions. The interest of a
   limited partner in a limited partnership is included in order to
   make sure that everything that is defined as an equity security is
   also a "security." The definition, as with the definition of
   "entity", "insider", and "person", is open-ended because the term
   is not susceptible of precise specification. Thus the courts will
   be able to use the characterization provided in this definition to
   treat with new kinds of documents on a flexible basis.
     Paragraphs (36) and (37) defined "security agreement" and
   "security interest." A security interest is one of the kinds of
   liens. It is a lien created by an agreement. Security agreement is
   defined as the agreement creating the security interest. Though
   these terms are similar to the same terms in the Uniform Commercial
   Code, article IX, they are broader. For example, the U.C.C. does
   not cover real property mortgages. Under this definition, such a
   mortgage is included, as are all other liens created by agreement,
   even though not covered by the U.C.C. All U.C.C. security interests
   and security agreements are, however, security interests and
   security agreements under this definition. Whether a consignment or
   a lease constitutes a security interest under the bankruptcy code
   will depend on whether it constitutes a security interest under
   applicable State or local law.
     Paragraph (38) defines another kind of lien, "statutory lien."
   The definition, derived from current law, states that a statutory
   lien is a lien arising solely by force of statute on specified
   circumstances or conditions and includes a lien of distress for
   rent (whether statutory, common law, or otherwise). The definition
   excludes judicial liens and security interests, whether or not they
   are provided for or are dependent on a statute, and whether or not
   they are made fully effective by statute. A statutory lien is only
   one that arises automatically, and is not based on an agreement to
   give a lien or on judicial action. Mechanics', materialmen's, and
   warehousemen's liens are examples. Tax liens are also included in
   the definition of statutory lien.
     "Stockbroker" is defined in paragraph (39) as a person engaged in
   the business of effecting transactions in securities for the
   account of others or with members of the general public from or for
   such person's own account, if the person has a customer, as
   defined. Thus, the definition, derived from a combination of the
   definitions of "broker" and "dealer" in the Securities Exchange Act
   of 1934 [15 U.S.C. 78c], encompasses both brokers and dealers. The
   definition is used in section 109 and in subchapter III of chapter
   7, Stockholder Liquidation. The term does not encompass an employee
   who acts for a principal that "effects" transaction or deals with
   the public, because such an employee will not have a "customer".
     Paragraph (40) defines "transfer." It is derived and adapted,
   with stylistic changes, from section 1(30) of the Bankruptcy Act
   [section 1(30) of former title 11]. A transfer is a disposition of
   an interest in property. The definition of transfer is as broad as
   possible. Many of the potentially limiting words in current law are
   deleted, and the language is simplified. Under this definition, any
   transfer of an interest in property is a transfer, including a
   transfer of possession, custody, or control even if there is no
   transfer of title, because possession, custody, and control are
   interests in property. A deposit in a bank account or similar
   account is a transfer.

-REFTEXT-

REFERENCES IN TEXT:::

     The Social Security Act, referred to in par. (10A)(B), is act
   Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is
   classified generally to chapter 7 (Sec. 301 et seq.) of Title 42,
   The Public Health and Welfare. For complete classification of this
   Act to the Code, see section 1305 of Title 42 and Tables.
     The Internal Revenue Code of 1986, referred to in pars. (12A)(B)
   and (41)(C), is classified generally to Title 26, Internal Revenue
   Code.
     Section 3 of the Federal Deposit Insurance Act, referred to in
   pars. (12A)(D), (21B)(A), (33)(A), (35)(A), and (54A), is
   classified to section 1813 of Title 12, Banks and Banking.
     Sections 101 and 206(r) of the Federal Credit Union Act, referred
   to in pars. (12A)(D), (33)(B), and (34), are classified to sections
   1752 and 1786(r), respectively, of Title 12, Banks and Banking.
     The Investment Company Act of 1940, referred to in pars. (22)(B)
   and (53B)(B), is title I of act Aug. 22, 1940, ch. 686, 54 Stat.
   789, as amended, which is classified generally to subchapter I
   (Sec. 80a-1 et seq.) of chapter 2D of Title 15, Commerce and Trade.
   For complete classification of this Act to the Code, see section
   80a-51 of Title 15 and Tables.
     Section 402 of the Federal Deposit Insurance Corporation
   Improvement Act of 1991, referred to in par. (22A)(B), is
   classified to section 4402 of Title 12, Banks and Banking.
     Section 304 of this title, referred to in par. (42), was repealed
   by Pub. L. 109-8, title VIII, Sec. 802(d)(3), Apr. 20, 2005, 119
   Stat. 146.
     The Securities Exchange Act of 1934, referred to in pars.
   (47)(A)(i), (48), (48A), and (53B)(B), is act June 6, 1934, ch.
   404, 48 Stat. 881, as amended, which is classified principally to
   chapter 2B (Sec. 78a et seq.) of Title 15, Commerce and Trade.
   Sections 3, 6, 15A, and 17A of the Act are classified to sections
   78c, 78f, 78o-3 and 78q-1, respectively, of Title 15. For complete
   classification of this Act to the Code, see section 78a of Title 15
   and Tables.
     The Securities Act of 1933, referred to in pars. (49)(A)(xii) and
   (53B)(B), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, as
   amended, which is classified generally to subchapter I (Sec. 77a et
   seq.) of chapter 2A of Title 15, Commerce and Trade. Section 3(b)
   of the Act is classified to section 77c(b) of Title 15. For
   complete classification of this Act to the Code, see section 77a of
   Title 15 and Tables.
     The Public Utility Holding Company Act of 1935, referred to in
   par. (53B)(B), is title I of act Aug. 26, 1935, ch. 687, 49 Stat.
   803, as amended, which was classified generally to chapter 2C (Sec.
   79 et seq.) of Title 15, Commerce and Trade, prior to repeal by
   Pub. L. 109-58, title XII, Sec. 1263, Aug. 8, 2005, 119 Stat. 974.
   For complete classification of this Act to the Code, see Tables.
     The Trust Indenture Act of 1939, referred to in par. (53B)(B), is
   title III of act May 27, 1933, ch. 38, as added Aug. 3, 1939, ch.
   411, 53 Stat. 1149, as amended, which is classified generally to
   subchapter III (Sec. 77aaa et seq.) of chapter 2A of Title 15,
   Commerce and Trade. For complete classification of this Act to the
   Code, see section 77aaa of Title 15 and Tables.
     The Investment Advisers Act of 1940, referred to in par.
   (53B)(B), is title II of act Aug. 22, 1940, ch. 686, 54 Stat. 847,
   as amended, which is classified generally to subchapter II (Sec.
   80b-1 et seq.) of chapter 2D of Title 15, Commerce and Trade. For
   complete classification of this Act to the Code, see section 80b-20
   of Title 15 and Tables.
     The Securities Investor Protection Act of 1970, referred to in
   par. (53B)(B), is Pub. L. 91-598, Dec. 30, 1970, 84 Stat. 1636, as
   amended, which is classified generally to chapter 2B-1 (Sec. 78aaa
   et seq.) of Title 15, Commerce and Trade. For complete
   classification of this Act to the Code, see section 78aaa of Title
   15 and Tables.
     The Commodity Exchange Act, referred to in par. (53B)(B), is act
   Sept. 21, 1922, ch. 369, 42 Stat. 998, as amended, which is
   classified generally to chapter 1 (Sec. 1 et seq.) of Title 7,
   Agriculture. For complete classification of this Act to the Code,
   see section 1 of Title 7 and Tables.
     The Gramm-Leach-Bliley Act, referred to in par. (53B)(B), is Pub.
   L. 106-102, Nov. 12, 1999, 113 Stat. 1338, as amended. For complete
   classification of this Act to the Code, see Short Title of 1999
   Amendment note set out under section 1811 of Title 12, Banks and
   Banking, and Tables.
     The Legal Certainty for Bank Products Act of 2000, referred to in
   par. (53B)(B), is title IV of H.R. 5660, as enacted by Pub. L. 106-
   554, Sec. 1(a)(5), Dec. 21, 2000, 114 Stat. 2763, 2763A-457, which
   is classified to sections 27 to 27f of Title 7, Agriculture. For
   complete classification of this Act to the Code, see Short Title of
   2000 Amendment note set out under section 1 of Title 7 and Tables.

-MISC2-

AMENDMENTS:::

     2005 - Pub. L. 109-8, Sec. 1201(1), substituted "In this title
   the following definitions shall apply:" for "In this title - " in
   introductory provisions.
     Pars. (1), (2). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The
   term" after par. designation and substituted a period for semicolon
   at end.
     Par. (3). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 226(a)(1), added par. (3).
     Par. (4). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Par. (4A). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 226(a)(2), added par. (4A).
     Pars. (5) to (7). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The
   term" after par. designation and substituted a period for semicolon
   at end.
     Pars. (7A), (7B). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The
   term" after par. designation and substituted a period for semicolon
   at end.
     Pub. L. 109-8, Sec. 1007(a)(1), added pars. (7A) and (7B).
     Pars. (8) to (10). Pub. L. 109-8, Sec. 1201(2), (8), inserted
   "The term" after par. designation and substituted a period for
   semicolon at end.
     Par. (10A). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 102(b), added par. (10A).
     Pars. (11), (12). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The
   term" after par. designation and substituted a period for semicolon
   at end.
     Par. (12A). Pub. L. 109-8, Sec. 1201(8), which directed the
   substitution of a period for a semicolon at end, could not be
   executed because par. (12A) ended in a period after amendment by
   Pub. L. 109-8, Sec. 226(a)(3). See below.
     Pub. L. 109-8, Sec. 1201(2), inserted "The term" after par.
   designation.
     Pub. L. 109-8, Secs. 211(1), 226(a)(3), added par. (12A) and
   struck out former par. (12A) which read as follows: " 'debt for
   child support' means a debt of a kind specified in section
   523(a)(5) of this title for maintenance or support of a child of
   the debtor;".
     Par. (13). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Par. (13A). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 306(c)(1), added par. (13A).
     Par. (14). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 414, amended par. (14) generally. Prior to
   amendment, par. (14) consisted of subpars. (A) to (E) defining
   "disinterested person".
     Par. (14A). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 211(2), added par. (14A).
     Pars. (15) to (17). Pub. L. 109-8, Sec. 1201(2), (8), inserted
   "The term" after par. designation and substituted a period for
   semicolon at end.
     Par. (18). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Par. (18)(A). Pub. L. 109-8, Sec. 1005, substituted "for - 

"(i) the taxable year preceding; or

"(ii) each of the 2d and 3d taxable years preceding;

   the taxable year" for "for the taxable year preceding the taxable
   year".
     Pub. L. 109-8, Sec. 1004(1), substituted "$3,237,000" for
   "$1,500,000" and "not less than 50 percent" for "not less than 80
   percent".
     Par. (18)(B)(ii). Pub. L. 109-8, Sec. 1004(2), substituted
   "$3,237,000" for "$1,500,000" and "50 percent" for "80 percent".
     Par. (19). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pars. (19A), (19B). Pub. L. 109-8, Sec. 1201(2), (8), inserted
   "The term" after par. designation and substituted a period for
   semicolon at end.
     Pub. L. 109-8, Sec. 1007(a)(2), added pars. (19A) and (19B).
     Pars. (20) to (21B). Pub. L. 109-8, Sec. 1201(2), (8), inserted
   "The term" after par. designation and substituted a period for
   semicolon at end.
     Par. (22). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 907(b)(1), added par. (22) and struck out
   former par. (22) which consisted of introductory provisions and
   subpars. (A) and (B) defining "financial institution".
     Par. (22A). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 907(b)(2), added par. (22A).
     Pars. (23), (24). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The
   term" after par. designation and substituted a period for semicolon
   at end.
     Pub. L. 109-8, Sec. 802(b), added pars. (23) and (24) and struck
   out former pars. (23) and (24) which read as follows:
     "(23) 'foreign proceeding' means proceeding, whether judicial or
   administrative and whether or not under bankruptcy law, in a
   foreign country in which the debtor's domicile, residence,
   principal place of business, or principal assets were located at
   the commencement of such proceeding, for the purpose of liquidating
   an estate, adjusting debts by composition, extension, or discharge,
   or effecting a reorganization;
     "(24) 'foreign representative' means duly selected trustee,
   administrator, or other representative of an estate in a foreign
   proceeding;".
     Par. (25). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 907(a)(1)(A), substituted "means - " for
   "means", designated subsequent provisions as subpar. (A),
   substituted ", or any other similar agreement" for ", or any
   combination thereof or option thereon", and added subpars. (B) to
   (E).
     Par. (26). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 907(b)(3), added par. (26) and struck out
   former par. (26) which read as follows: " 'forward contract
   merchant' means a person whose business consists in whole or in
   part of entering into forward contracts as or with merchants in a
   commodity, as defined in section 761(8) of this title, or any
   similar good, article, service, right, or interest which is
   presently or in the future becomes the subject of dealing in the
   forward contract trade;".
     Par. (27). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Par. (27A). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 1101(a)(2), added par. (27A). Former par.
   (27A) redesignated (27B).
     Pub. L. 109-8, Sec. 306(c)(2), added par. (27A).
     Par. (27B). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 1101(a)(1), redesignated par. (27A) as (27B).
     Pars. (28) to (34). Pub. L. 109-8, Sec. 1201(2), (8), inserted
   "The term" after par. designation and substituted a period for
   semicolon at end.
     Par. (35). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Par. (35)(B). Pub. L. 109-8, Sec. 1201(3), substituted
   "paragraphs (23) and (35)" for "paragraphs (21B) and (33)(A)".
     Par. (35A). Pub. L. 109-8, Sec. 1201(2), (4), inserted "The term"
   after par. designation and substituted a period for "; and" at end.
     Pars. (36), (37). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The
   term" after par. designation and substituted a period for semicolon
   at end.
     Par. (38). Pub. L. 109-8, Sec. 1201(2), (4), inserted "The term"
   after par. designation and substituted a period for "; and" at end.
     Pars. (38A), (38B). Pub. L. 109-8, Sec. 1201(2), (8), inserted
   "The term" after par. designation and substituted a period for
   semicolon at end.
     Pub. L. 109-8, Sec. 907(c), added pars. (38A) and (38B).
     Par. (39). Pub. L. 109-8, Sec. 1201(2), inserted "The term" after
   par. designation.
     Par. (39A). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 102(k), added par. (39A).
     Par. (40). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pars. (40A), (40B). Pub. L. 109-8, Sec. 1201(2), (8), inserted
   "The term" after par. designation and substituted a period for
   semicolon at end.
     Pub. L. 109-8, Sec. 1101(b), added pars. (40A) and (40B).
     Par. (41). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Par. (41A). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 231(b), added par. (41A).
     Pars. (42) to (45). Pub. L. 109-8, Sec. 1201(2), (8), inserted
   "The term" after par. designation and substituted a period for
   semicolon at end.
     Par. (46). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 907(a)(1)(B), substituted "at any time
   before" for "on any day during the period beginning 90 days before
   the date of".
     Par. (47). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 907(a)(1)(C), amended par. (47) generally.
   Prior to amendment, par. (47) read as follows: " 'repurchase
   agreement' (which definition also applies to a reverse repurchase
   agreement) means an agreement, including related terms, which
   provides for the transfer of certificates of deposit, eligible
   bankers' acceptances, or securities that are direct obligations of,
   or that are fully guaranteed as to principal and interest by, the
   United States or any agency of the United States against the
   transfer of funds by the transferee of such certificates of
   deposit, eligible bankers' acceptances, or securities with a
   simultaneous agreement by such transferee to transfer to the
   transferor thereof certificates of deposit, eligible bankers'
   acceptances, or securities as described above, at a date certain
   not later than one year after such transfers or on demand, against
   the transfer of funds;".
     Par. (48). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 907(a)(1)(D), inserted ", or exempt from such
   registration under such section pursuant to an order of the
   Securities and Exchange Commission," after "1934".
     Par. (48A). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 401(a), added par. (48A).
     Pars. (49) to (51A). Pub. L. 109-8, Sec. 1201(2), (8), inserted
   "The term" after par. designation and substituted a period for
   semicolon at end.
     Par. (51B). Pub. L. 109-8, Sec. 1201(2), (5), (8), inserted "The
   term" after par. designation and "who is not a family farmer" after
   "income of a debtor" and substituted a period for "thereto having
   aggregate noncontingent, liquidated secured debts in an amount no
   more than $4,000,000;".
     Pars. (51C), (51D). Pub. L. 109-8, Sec. 1201(2), (8), inserted
   "The term" after par. designation and substituted a period for
   semicolon at end.
     Pub. L. 109-8, Sec. 432(a), added pars. (51C) and (51D) and
   struck out former par. (51C) which read as follows: " 'small
   business' means a person engaged in commercial or business
   activities (but does not include a person whose primary activity is
   the business of owning or operating real property and activities
   incidental thereto) whose aggregate noncontingent liquidated
   secured and unsecured debts as of the date of the petition do not
   exceed $2,000,000;".
     Pars. (52) to (53A). Pub. L. 109-8, Sec. 1201(2), (8), inserted
   "The term" after par. designation and substituted a period for
   semicolon at end.
     Par. (53B). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Pub. L. 109-8, Sec. 907(a)(1)(E), amended par. (53B) generally.
   Prior to amendment, par. (53B) consisted of introductory provisions
   and subpars. (A) to (C) defining "swap agreement".
     Par. (53C). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Par. (53D). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Par. (54). Pub. L. 109-8, Sec. 1201(8), substituted a period for
   semicolon at end.
     Pub. L. 109-8, Sec. 1201(6), added par. (54) and struck out
   former par. (54) which read as follows: "The term 'transfer' means
   every mode, direct or indirect, absolute or conditional, voluntary
   or involuntary, of disposing of or parting with property or with an
   interest in property, including retention of title as a security
   interest and foreclosure of the debtor's equity of redemption;".
     Pub. L. 109-8, Sec. 1201(2), inserted "The term" after par.
   designation.
     Par. (54A). Pub. L. 109-8, Sec. 1201(8), which directed the
   substitution of a period for semicolon at end, could not be
   executed because par. (54A) ended in a period after amendment by
   Pub. L. 109-8, Sec. 1201(4). See below.
     Pub. L. 109-8, Sec. 1201(4), (7), substituted "The term" for "the
   term", realigned left margin, and substituted a period for "; and"
   at end.
     Par. (55). Pub. L. 109-8, Sec. 1201(2), (8), inserted "The term"
   after par. designation and substituted a period for semicolon at
   end.
     Par. (56A). Pub. L. 109-8, Sec. 1201(8), which directed the
   substitution of a period for semicolon "in each of paragraphs (40)
   through (55)" at end, was executed to par. (56A), to reflect the
   probable intent of Congress, because par. (56A) follows par. (53C)
   in text.
     Pub. L. 109-8, Sec. 1201(2), inserted "The term" after par.
   designation.
     2000 - Par. (22). Pub. L. 106-554, Sec. 1(a)(5) [title I, Sec.
   112(c)(3)], amended par. (22) generally. Prior to amendment par.
   (22) read as follows: " 'financial institution' means a person that
   is a commercial or savings bank, industrial savings bank, savings
   and loan association, or trust company and, when any such person is
   acting as agent or custodian for a customer in connection with a
   securities contract, as defined in section 741 of this title, such
   customer;".
     Par. (54A). Pub. L. 106-554, Sec. 1(a)(5) [title I, Sec.
   112(c)(4)], added par. (54A).
     1994 - Par. (3). Pub. L. 103-394, Sec. 501(a)(1), redesignated
   par. (3) as (21B) and inserted it after par. (21A).
     Par. (6). Pub. L. 103-394, Sec. 501(b)(1)(A), substituted
   "section 761" for "section 761(9)" after "customer, as defined in".
     Par. (12A). Pub. L. 103-394, Sec. 304(a), added par. (12A).
     Par. (21B). Pub. L. 103-394, Sec. 501(a)(1), redesignated par.
   (3) as (21B).
     Par. (22). Pub. L. 103-394, Sec. 501(b)(1)(B), substituted
   "section 741" for "section 741(7)".
     Par. (33)(A). Pub. L. 103-394, Sec. 501(d)(1)(A)(i), struck out
   "(12 U.S.C. 1813(u))" after "section 3(u) of the Federal Deposit
   Insurance Act".
     Par. (33)(B). Pub. L. 103-394, Sec. 501(d)(1)(A)(ii), struck out
   "(12 U.S.C. 1786(r))" after "Act".
     Par. (34). Pub. L. 103-394, Sec. 501(d)(1)(B), struck out "(12
   U.S.C. 1752(7))" after "Act".
     Par. (35). Pub. L. 103-394, Sec. 501(b)(1)(C), (d)(1)(C), struck
   out "(12 U.S.C. 1813(c)(2))" after "Act" in subpar. (A) and
   substituted "paragraphs (21B)" for "paragraphs (3)" in subpar. (B).
     Par. (35A). Pub. L. 103-394, Sec. 501(a)(4), redesignated par.
   (56) defining "intellectual property" as (35A) and inserted it
   after par. (35).
     Par. (39). Pub. L. 103-394, Sec. 501(a)(5), redesignated par.
   (57) defining "mask work" as (39) and inserted it after par. (38).
   Former par. (39) redesignated (51A).
     Par. (41). Pub. L. 103-394, Sec. 106, amended par. (41)
   generally. Prior to amendment, par. (41) read as follows: "
   'person' includes individual, partnership, and corporation, but
   does not include governmental unit, Provided, however, That any
   governmental unit that acquires an asset from a person as a result
   of operation of a loan guarantee agreement, or as receiver or
   liquidating agent of a person, will be considered a person for
   purposes of section 1102 of this title."
     Par. (42A). Pub. L. 103-394, Sec. 208(a)(1), added par. (42A).
     Par. (48). Pub. L. 103-394, Sec. 501(d)(1)(D), struck out "(15
   U.S.C. 78q-1)" after "Act of 1934" and "(15 U.S.C. 78c(12))" after
   "such Act".
     Par. (49)(A)(xii). Pub. L. 103-394, Sec. 501(d)(1)(E)(i), struck
   out "(15 U.S.C. 77a et seq.)" after "Act of 1933" and "(15 U.S.C.
   77c(b))" after "such Act".
     Par. (49)(B). Pub. L. 103-394, Sec. 501(b)(1)(D), (d)(1)(E)(ii),
   substituted "section 761" for "section 761(13)" in cl. (ii) and
   struck out "(15 U.S.C. 77c(b))" after "Act of 1933" in cl. (vi).
     Par. (51A). Pub. L. 103-394, Sec. 501(a)(2), redesignated par.
   (39) as (51A) and inserted it after par. (51).
     Par. (51B). Pub. L. 103-394, Sec. 218(a), added par. (51B).
     Par. (51C). Pub. L. 103-394, Sec. 217(a), added par. (51C).
     Par. (53A). Pub. L. 103-394, Sec. 501(a)(3), (b)(1)(E),
   redesignated par. (54) defining "stockbroker" as (53A) and
   substituted "section 741" for "section 741(2)" in subpar. (A).
     Par. (53B). Pub. L. 103-394, Sec. 501(a)(3), redesignated par.
   (55) defining "swap agreement" as (53B).
     Par. (53C). Pub. L. 103-394, Sec. 501(a)(3), redesignated par.
   (56) defining "swap participant" as (53C).
     Par. (53D). Pub. L. 103-394, Sec. 501(a)(3), (d)(1)(F),
   redesignated par. (57) defining "timeshare plan" as (53D) and
   substituted semicolon for period at end.
     Par. (54). Pub. L. 103-394, Sec. 501(a)(3), redesignated par.
   (54) defining "stockbroker" as (53A).
     Par. (55). Pub. L. 103-394, Sec. 501(a)(3), redesignated par.
   (55) defining "swap agreement" as (53B).
     Pub. L. 103-394, Sec. 215, inserted "spot foreign exchange
   agreement," after "forward foreign exchange agreement,".
     Par. (56). Pub. L. 103-394, Sec. 501(a)(3), redesignated par.
   (56) defining "swap participant" as (53C).
     Pub. L. 103-394, Sec. 501(a)(4), redesignated par. (56) defining
   "intellectual property" as (35A) and inserted it after par. (35).
     Par. (56A). Pub. L. 103-394, Sec. 208(a)(2), added par. (56A) and
   inserted it after par. defining "swap participant".
     Par. (57). Pub. L. 103-394, Sec. 501(a)(3), redesignated par.
   (57) defining "timeshare plan" as (53D).
     Pub. L. 103-394, Sec. 501(a)(5), redesignated par. (57) defining
   "mask work" as (39) and inserted it after par. (38).
     1992 - Par. (21A). Pub. L. 102-486 added par. (21A).
     1990 - Par. (3). Pub. L. 101-647, Sec. 2522(e)(4), added par.
   (3). Former par. (3) redesignated (4).
     Pars. (4) to (23). Pub. L. 101-647, Sec. 2522(e)(3), redesignated
   pars. (3) to (22) as (4) to (23), respectively. Former par. (23)
   redesignated (24).
     Par. (24). Pub. L. 101-647, Sec. 2522(e)(3), redesignated par.
   (23) as (24). Former par. (24) redesignated (25).
     Pub. L. 101-311, Sec. 201(1), inserted "as defined in section
   761(8) of this title, or any similar good, article, service, right,
   or interest which is presently or in the future becomes the subject
   of dealing in the forward contract trade," after "transfer of
   commodity," and ", including, but not limited to, a repurchase
   transaction, reverse repurchase transaction, consignment, lease,
   swap, hedge transaction, deposit, loan, option, allocated
   transaction, unallocated transaction, or any combination thereof or
   option thereon" after "entered into".
     Par. (25). Pub. L. 101-647, Sec. 2522(e)(3), redesignated par.
   (24) as (25). Former par. (25) redesignated (26).
     Pub. L. 101-311, Sec. 201(2), substituted "a commodity, as
   defined in section 761(8) of this title, or any similar good,
   article, service, right, or interest which is presently or in the
   future becomes the subject of dealing in the forward contract
   trade" for "commodities".
     Pars. (26) to (32). Pub. L. 101-647, Sec. 2522(e)(3),
   redesignated pars. (25) to (31) as (26) to (32), respectively.
   Former par. (32) redesignated (36).
     Par. (33). Pub. L. 101-647, Sec. 2522(e)(2), added par. (33).
   Former par. (33) redesignated (37).
     Par. (34). Pub. L. 101-647, Sec. 2522(e)(2), added par. (34).
   Former par. (34) redesignated (38).
     Pub. L. 101-311, Sec. 201(4), added par. (34). Former par. (34)
   redesignated (36).
     Par. (35). Pub. L. 101-647, Sec. 2522(e)(2), added par. (35).
   Former par. (35) redesignated (39).
     Pub. L. 101-311, Sec. 201(4), added par. (35). Former par. (35)
   redesignated (37).
     Par. (36). Pub. L. 101-647, Sec. 2522(e)(1), redesignated par.
   (32) as (36). Former par. (36) redesignated (40).
     Pub. L. 101-311, Sec. 201(3), redesignated par. (34) as (36).
   Former par. (36) redesignated (38).
     Pars. (37) to (48). Pub. L. 101-647, Sec. 2522(e)(1),
   redesignated pars. (33) to (44) as (37) to (48), respectively.
   Former pars. (45) to (48) redesignated (49) to (52), respectively.
     Pub. L. 101-311, Sec. 201(3), redesignated pars. (35) to (46) as
   (37) to (48), respectively. Former pars. (47) and (48) redesignated
   (49) and (50), respectively.
     Pars. (49), (50). Pub. L. 101-647, Sec. 2522(e)(1), redesignated
   pars. (45) and (46) as (49) and (50), respectively. Former pars.
   (49) and (50) redesignated (53) and (54) defining "stockbroker",
   respectively.
     Pub. L. 101-311, Sec. 201(3), redesignated pars. (47) and (48) as
   (49) and (50), respectively. Former pars. (49) and (50)
   redesignated (51) and (52), respectively.
     Pub. L. 101-311, Sec. 101(2), added pars. (49) and (50). Former
   pars. (49) and (50) redesignated (51) and (52), respectively.
     Par. (51). Pub. L. 101-647, Sec. 2522(e)(1), redesignated par.
   (47) as (51). Former par. (51) redesignated (55) defining "swap
   agreement".
     Pub. L. 101-311, Sec. 201(3), redesignated par. (49) as (51).
   Former par. (51) redesignated (53).
     Pub. L. 101-311, Sec. 101(1), redesignated par. (49) as (51).
   Former par. (51) redesignated (53).
     Par. (52). Pub. L. 101-647, Sec. 2522(e)(1), redesignated par.
   (48) as (52). Former par. (52) redesignated (56) defining "swap
   participant".
     Pub. L. 101-311, Sec. 201(3), redesignated par. (50) as (52).
   Former par. (52) redesignated (54) defining "transfer".
     Pub. L. 101-311, Sec. 101(1), redesignated par. (50) as (52).
   Former par. (52) redesignated (54).
     Par. (53). Pub. L. 101-647, Sec. 2522(e)(1), redesignated par.
   (49) as (53). Former par. (53) redesignated (57) defining
   "timeshare plan".
     Pub. L. 101-311, Sec. 201(3), redesignated par. (51) as (53).
   Former par. (53) redesignated (55) defining "United States".
     Pub. L. 101-311, Sec. 101(1), redesignated par. (51) as (53).
   Former par. (53) redesignated (55).
     Par. (54). Pub. L. 101-647, Sec. 2522(e)(1), redesignated par.
   (50) as (54) defining "stockbroker".
     Pub. L. 101-311, Sec. 201(3), redesignated par. (52) as (54)
   defining "transfer". Former par. (54) redesignated (56) defining
   "intellectual property".
     Pub. L. 101-311, Sec. 101(1), redesignated par. (52) as (54).
     Par. (55). Pub. L. 101-647, Sec. 2522(e)(1), redesignated par.
   (51) as (55) defining "swap agreement".
     Pub. L. 101-311, Sec. 201(3), redesignated par. (53) as (55)
   defining "United States". Former par. (55) redesignated (57)
   defining "mask work".
     Pub. L. 101-311, Sec. 101(1), redesignated par. (53) as (55).
     Par. (56). Pub. L. 101-647, Sec. 2522(e)(1), redesignated par.
   (52) as (56) defining "swap participant".
     Pub. L. 101-311, Sec. 201(3), redesignated par. (54) as (56)
   defining "intellectual property".
     Par. (57). Pub. L. 101-647, Sec. 2522(e)(1), redesignated par.
   (53) as (57) defining "timeshare plan".
     Pub. L. 101-311, Sec. 201(3), redesignated par. (55) as (57)
   defining "mask work".
     1988 - Par. (31). Pub. L. 100-597 inserted "and a municipality"
   after "partnership" in subpar. (A) and added subpar. (C).
     Pars. (52), (53). Pub. L. 100-506 added pars. (52) and (53).
     1986 - Par. (14). Pub. L. 99-554, Sec. 201(1), substituted
   "governmental unit, and United States trustee" for "and
   governmental unit".
     Pars. (17), (18). Pub. L. 99-554, Sec. 251(2), (3), added pars.
   (17) and (18) and redesignated former pars. (17) and (18) as (19)
   and (20), respectively.
     Par. (19). Pub. L. 99-554, Sec. 251(1), (2), redesignated former
   par. (17) as (19) and inserted "(except when such term appears in
   the term 'family farmer')". Former par. (19) redesignated (21).
     Pars. (20) to (25). Pub. L. 99-554, Sec. 251(2), redesignated
   former pars. (18) to (23) as (20) to (25), respectively. Former
   pars. (24) and (25) redesignated (26) and (27), respectively.
     Par. (26). Pub. L. 99-554, Sec. 201(2), inserted "(but not a
   United States trustee while serving as a trustee in a case under
   this title)".
     Pub. L. 99-554, Sec. 251(2), redesignated former par. (24) as
   (26). Former par. (26) redesignated (28).
     Pars. (27) to (42). Pub. L. 99-554, Sec. 251(2), redesignated
   former pars. (25) to (40) as (27) to (42), respectively. Former
   pars. (41) and (42) redesignated (43) and (44), respectively.
     Par. (43). Pub. L. 99-554, Sec. 251(2), redesignated former par.
   (41) as (43). Former par. (43) redesignated (45).
     Par. (43)(A)(xv). Pub. L. 99-554, Sec. 283(a)(1), substituted
   "security" for "secuity".
     Pars. (44) to (50). Pub. L. 99-554, Sec. 251(2), redesignated
   former pars. (42) to (48) as (44) to (50), respectively. Former
   par. (49) redesignated (51).
     Par. (51). Pub. L. 99-554, Sec. 283(a)(2), substituted a period
   for the semicolon at the end thereof.
     Pub. L. 99-554, Sec. 251(2), redesignated former par. (49) as
   (51).
     1984 - Par. (2)(D). Pub. L. 98-353, Sec. 421(a), struck out "or
   all" after "business".
     Par. (8)(B). Pub. L. 98-353, Sec. 421(b), substituted a semicolon
   for the colon at end of subpar. (B).
     Par. (9)(B). Pub. L. 98-353, Sec. 421(c), inserted reference to
   section 348(d).
     Par. (14). Pub. L. 98-353, Sec. 421(d), inserted "and" after
   "trust,".
     Pars. (19) to (21). Pub. L. 98-353, Sec. 421(j)(3), (4), added
   par. (19) and redesignated former pars. (19), (20), and (21) as
   (20), (21), and (24), respectively.
     Pars. (22), (23). Pub. L. 98-353, Sec. 421(j)(2), (5), added
   pars. (22) and (23) and redesignated former pars. (22) and (23) as
   (25) and (26), respectively.
     Pars. (24) to (26). Pub. L. 98-353, Sec. 421(j)(2), redesignated
   former pars. (21) to (23) as (24) to (26), respectively. Former
   pars. (24) to (26) redesignated (27) to (29), respectively.
     Par. (27). Pub. L. 98-353, Sec. 421(e), (j)(2), redesignated
   former par. (24) as (27) and substituted "stockbroker" for "stock
   broker". Former par. (27) redesignated (30).
     Par. (28). Pub. L. 98-353, Sec. 421(j)(2), redesignated former
   par. (25) as (28). Former par. (28) redesignated (31).
     Par. (29). Pub. L. 98-353, Sec. 421(f), (j)(2), redesignated
   former par. (26) as (29) and, in subpar. (B)(ii), substituted
   "nonpartnership" and "(A)" for "separate" and "(A)(ii)",
   respectively, wherever appearing. Former par. (29) redesignated
   (32).
     Pars. (30) to (32). Pub. L. 98-353, Sec. 421(j)(2), redesignated
   former pars. (27) to (29) as (30) to (32), respectively. Former
   pars. (30) to (32) redesignated (33) to (35), respectively.
     Par. (33). Pub. L. 98-353, Sec. 421(g), (j)(2), redesignated
   former par. (30) as (33) and amended definition of "person"
   generally, thereby inserting proviso relating to consideration of
   certain governmental units as persons for purposes of section 1102
   of this title. Former par. (33) redesignated (36).
     Par. (34). Pub. L. 98-353, Sec. 421(j)(2), redesignated former
   par. (31) as (34). Former par. (34) redesignated (37).
     Pars. (35), (36). Pub. L. 98-353, Sec. 421(j)(2), redesignated
   former pars. (32) and (33) as (35) and (36), respectively. Former
   pars. (35) and (36), as added by Pub. L. 98-353, Sec. 391(2),
   redesignated (38) and (39), respectively.
     Pub. L. 98-353, Sec. 391, added pars. (35) and (36), and
   redesignated former pars. (35) and (36) as (37) and (38) which were
   again redesignated as (40) and (41), respectively.
     Par. (37). Pub. L. 98-353, Sec. 421(j)(2), redesignated former
   par. (34) as (37). Former par. (37) redesignated successively as
   (39) and again as (42).
     Par. (38). Pub. L. 98-353, Secs. 391(2), 421(j)(2), added par.
   (35) and redesignated such par. (35) as (38). Former par. (38)
   redesignated successively as (40) and again as (43).
     Par. (39). Pub. L. 98-353, Secs. 391(2), 421(j)(2), added par.
   (36) and redesignated such par. (36) as (39). Former par. (39)
   redesignated successively as (41) and again as (45).
     Par. (40). Pub. L. 98-353, Secs. 391(1), 421(j)(2), redesignated
   successively former par. (35) as (37) and again as (40). Former
   par. (40) redesignated successively as (42) and again as (46).
     Par. (41). Pub. L. 98-353, Secs. 391(1), 401(1), 421(h), (j)(2),
   redesignated successively former par. (36) as (38) and again as
   (41), and, in subpar. (B)(vi), substituted "certificate of a kind
   specified in subparagraph (A)(xii)" for "certificate specified in
   clause (xii) of subparagraph (A)" and substituted "required to be
   the subject of a registration statement" for "the subject of such
   registration statement". Former par. (41) redesignated successively
   as (43), again as (44), and again as (48).
     Par. (42). Pub. L. 98-353, Secs. 391(1), 421(j)(2), redesignated
   successively former par. (37) as (39) and again as (42).
     Par. (43). Pub. L. 98-353, Secs. 391(1), 421(j)(2), redesignated
   successively former par. (38) as (40) and again as (43).
     Pub. L. 98-353, Sec. 401, redesignated former par. (43),
   originally par. (41), as (44), and added another par. (43) which
   was redesignated (47).
     Par. (44). Pub. L. 98-353, Sec. 421(j)(6), added par. (44).
   Former par. (44) originally was par. (41) and was redesignated
   successively as (43), again as (44), and again as (48).
     Pars. (45), (46). Pub. L. 98-353, Secs. 391(1), 421(j)(1),
   redesignated successively former pars. (39) and (40) as (41) and
   (42), and again as (45) and (46), respectively.
     Par. (47). Pub. L. 98-353, Secs. 401(2), 421(j)(1), added par.
   (43) and redesignated such par. (43) as (47).
     Par. (48). Pub. L. 98-353, Secs. 391(1), 401(1), 421(i), (j)(1),
   redesignated successively former par. (41) as (43), again as (44),
   and again as (48), and substituted "and foreclosure of the debtor's
   equity of redemption; and" for the period at the end.
     Par. (49). Pub. L. 98-353, Sec. 421(j)(7), added par. (49).
     1982 - Par. (35). Pub. L. 97-222, Sec. 1(a)(2), added par. (35).
   Former par. (35) redesignated (36).
     Par. (36). Pub. L. 97-222, Sec. 1(a)(1), (b), (c), redesignated
   par. (35) as (36) and substituted "is required to be the subject of
   a registration statement" for "is the subject of a registration
   statement" in subpar. (A)(xii) and substituted "forward contract"
   for "forward commodity contract" in subpar. (B)(iii). Former par.
   (36) redesignated (37).
     Pars. (37) to (39). Pub. L. 97-222, Sec. 1(a)(1), redesignated
   pars. (36) to (38) as (37) to (39), respectively. Former par. (39)
   redesignated (40).
     Pars. (40), (41). Pub. L. 97-222, Sec. 1(a)(1), (d), redesignated
   former par. (39) as (40) and restructured its provisions by
   dividing the former introductory provisions into subpars. (A) and
   (B) and by redesignating former subpars. (A) and (B) as cls. (i)
   and (ii), respectively, of subpar. (B). Former par. (40)
   redesignated (41).

EFFECTIVE DATE OF 2005 AMENDMENT::

     Pub. L. 109-8, title XV, Sec. 1501, Apr. 20, 2005, 119 Stat. 216,
   provided that:
     "(a) Effective Date. - Except as otherwise provided in this Act,
   this Act [see Tables for classification] and the amendments made by
   this Act shall take effect 180 days after the date of enactment of
   this Act [Apr. 20, 2005].
     "(b) Application of Amendments. - 

"(1) In general. - Except as otherwise provided in this Act and

     paragraph (2), the amendments made by this Act shall not apply
     with respect to cases commenced under title 11, United States
     Code, before the effective date of this Act.

"(2) Certain limitations applicable to debtors. - The

     amendments made by sections 308, 322, and 330 [amending sections
     104, 522, 727, 1141, 1228, and 1328 of this title] shall apply
     with respect to cases commenced under title 11, United States
     Code, on or after the date of the enactment of this Act [Apr. 20,
     2005]."

EFFECTIVE DATE OF 1994 AMENDMENT::

     Section 702 of Pub. L. 103-394 provided that:
     "(a) Effective Date. - Except as provided in subsection (b), this
   Act [see Tables for classification] shall take effect on the date
   of the enactment of this Act [Oct. 22, 1994].
     "(b) Application of Amendments. - (1) Except as provided in
   paragraph (2), the amendments made by this Act shall not apply with
   respect to cases commenced under title 11 of the United States Code
   before the date of the enactment of this Act.
     "(2)(A) Paragraph (1) shall not apply with respect to the
   amendment made by section 111 [amending section 524 of this title].
     "(B) The amendments made by sections 113 and 117 [amending
   sections 106 and 330 of this title] shall apply with respect to
   cases commenced under title 11 of the United States Code before,
   on, and after the date of the enactment of this Act.
     "(C) Section 1110 of title 11, United States Code, as amended by
   section 201 of this Act, shall apply with respect to any lease, as
   defined in such section 1110(c) as so amended, entered into in
   connection with a settlement of any proceeding in any case pending
   under title 11 of the United States Code on the date of the
   enactment of this Act.
     "(D) The amendments made by section 305 [amending sections 1123,
   1222, and 1322 of this title] shall apply only to agreements
   entered into after the date of enactment of this Act."

EFFECTIVE DATE OF 1992 AMENDMENT::

     Section 3017(c) of Pub. L. 102-486 provided that:
     "(1) Except as provided in paragraph (2), the amendments made by
   this section [amending this section and section 541 of this title]
   shall take effect on the date of the enactment of this Act [Oct.
   24, 1992].
     "(2) The amendments made by this section shall not apply with
   respect to cases commenced under title 11 of the United States Code
   before the date of the enactment of this Act."

EFFECTIVE DATE OF 1988 AMENDMENTS::

     Section 12 of Pub. L. 100-597 provided that:
     "(a) Effective Date. - Except as provided in subsection (b), this
   Act and the amendments made by this Act [enacting sections 927 to
   929 of this title, amending this section and sections 109, 901,
   902, 922, 926, and 943 of this title, and renumbering section 927
   of this title as 930] shall take effect on the date of the
   enactment of this Act [Nov. 3, 1988].
     "(b) Application of Amendments. - The amendments made by this Act
   shall not apply with respect to cases commenced under title 11 of
   the United States Code before the date of the enactment of this Act
   [Nov. 3, 1988]."
     Section 2 of Pub. L. 100-506 provided that:
     "(a) Effective Date. - Except as provided in subsection (b), this
   Act and the amendments made by this Act [amending this section and
   section 365 of this title] shall take effect on the date of the
   enactment of this Act [Oct. 18, 1988].
     "(b) Application of Amendments. - The amendments made by this Act
   shall not apply with respect to any case commenced under title 11
   of the United States Code before the date of the enactment of this
   Act [Oct. 18, 1988]."

EFFECTIVE DATE OF 1986 AMENDMENT::

     Effective date and applicability of amendment by section 201 of
   Pub. L. 99-554 dependent upon the judicial district involved, see
   section 302(d), (e) of Pub. L. 99-554, set out as a note under
   section 581 of Title 28, Judiciary and Judicial Procedure.
     Amendment by section 251 of Pub. L. 99-554 effective 30 days
   after Oct. 27, 1986, but not applicable to cases commenced under
   this title before that date, see section 302(a), (c)(1) of Pub. L.
   99-554.
     Amendment by section 283 of Pub. L. 99-554 effective 30 days
   after Oct. 27, 1986, see section 302(a) of Pub. L. 99-554.

EFFECTIVE DATE OF 1984 AMENDMENT::

     Section 552, formerly Sec. 553, of title III (Secs. 301-553) of
   Pub. L. 98-353, as renumbered by Pub. L. 98-531, Sec. 1(2), Oct.
   19, 1984, 98 Stat. 2704, provided that:
     "(a) Except as otherwise provided in this section the amendments
   made by this title [see Tables for classification] shall become
   effective to cases filed 90 days after the date of enactment of
   this Act [July 10, 1984].
     "(b) The amendments made by section 426(b) [amending section 303
   of this title] shall become effective upon the date of enactment of
   this Act.
     "(c) The amendments made by subtitle J [enacting section 1113 of
   this title], shall become effective as provided in section 541(c)
   [set out as an Effective Date note under section 1113 of this
   title]."

SHORT TITLE OF 2005 AMENDMENT::

     Pub. L. 109-8, Sec. 1(a), Apr. 20, 2005, 119 Stat. 23, provided
   that: "This Act [see Tables for classification] may be cited as the
   'Bankruptcy Abuse Prevention and Consumer Protection Act of 2005'."
     Pub. L. 109-8, title III, Sec. 332(a), Apr. 20, 2005, 119 Stat.
   103, provided that: "This section [amending section 303 of this
   title and section 157 of Title 18, Crimes and Criminal Procedure]
   may be cited as the 'Involuntary Bankruptcy Improvement Act of
   2005'."

SHORT TITLE OF 2004 AMENDMENT::

     Pub. L. 108-369, Sec. 1, Oct. 25, 2004, 118 Stat. 1749, provided
   that: "This Act [amending sections 1201 to 1208 and 1221 to 1231 of
   this title and enacting and amending provisions set out as notes
   under section 1201 of this title] may be cited as the 'Family
   Farmer Bankruptcy Relief Act of 2004'."

SHORT TITLE OF 2003 AMENDMENT::

     Pub. L. 108-73, Sec. 1, Aug. 15, 2003, 117 Stat. 891, provided
   that: "This Act [amending sections 1201 to 1208 and 1221 to 1231 of
   this title and enacting and amending provisions set out as notes
   under section 1201 of this title] may be cited as the 'Family
   Farmer Bankruptcy Relief Act of 2003'."

SHORT TITLE OF 2002 AMENDMENT::

     Pub. L. 107-377, Sec. 1, Dec. 19, 2002, 116 Stat. 3115, provided
   that: "This Act [amending sections 1201 to 1208 and 1221 to 1231 of
   this title, and enacting and amending provisions set out as notes
   under section 1201 of this title] may be cited as the 'Protection
   of Family Farmers Act of 2002'."

SHORT TITLE OF 1998 AMENDMENT::

     Pub. L. 105-183, Sec. 1, June 19, 1998, 112 Stat. 517, provided
   that: "This Act [amending sections 544, 546, 548, 707, and 1325 of
   this title and enacting provisions set out as notes under section
   544 of this title] may be cited as the 'Religious Liberty and
   Charitable Donation Protection Act of 1998'."

SHORT TITLE OF 1994 AMENDMENT::

     Section 1(a) of Pub. L. 103-394 provided that: "This Act [see
   Tables for classification] may be cited as the 'Bankruptcy Reform
   Act of 1994'."

SHORT TITLE OF 1990 AMENDMENTS::

     Pub. L. 101-581, Sec. 1, Nov. 15, 1990, 104 Stat. 2865, and
   section 3101 of title XXXI of Pub. L. 101-647, provided
   respectively that such Act and such title [amending sections 523
   and 1328 of this title and enacting provisions set out as a note
   under section 523 of this title] may be cited as the "Criminal
   Victims Protection Act of 1990".

SHORT TITLE OF 1988 AMENDMENT::

     Pub. L. 100-334, Sec. 1, June 16, 1988, 102 Stat. 610, provided
   that: "This Act [enacting section 1114 of this title, amending
   section 1129 of this title, enacting provisions set out as a note
   under section 1114 of this title, and amending and repealing
   provisions set out as notes under section 1106 of this title] may
   be cited as the 'Retiree Benefits Bankruptcy Protection Act of
   1988'."

SHORT TITLE OF 1984 AMENDMENT::

     Section 361 of subtitle C (Secs. 361-363) of title III of Pub. L.
   98-353 provided that: "This subtitle [amending sections 362, 365,
   and 541 of this title] may be cited as the 'Leasehold Management
   Bankruptcy Amendments Act of 1983'."

SEPARABILITY:::

     Section 701 of Pub. L. 103-394 provided that: "If any provision
   of this Act [see Tables for classification] or amendment made by
   this Act or the application of such provision or amendment to any
   person or circumstance is held to be unconstitutional, the
   remaining provisions of and amendments made by this Act and the
   application of such other provisions and amendments to any person
   or circumstance shall not be affected thereby."
     Section 551 of title III (Secs. 301-553) of Pub. L. 98-353
   provided that: "If any provision of this title or any amendment
   made by this title [see Tables for classification], or the
   application thereof to any person or circumstance is held invalid,
   the provisions of every other part, and their application shall not
   be affected thereby."

CONSTRUCTION:::

     Pub. L. 109-8, title X, Sec. 1007(e), Apr. 20, 2005, 119 Stat.
   188, provided that: "Nothing in this section [amending this section
   and sections 109, 1203, and 1206 of this title] shall change,
   affect, or amend the Fishery Conservation and Management Act of
   1976 (16 U.S.C. 1801 et seq.)."
     Pub. L. 109-8, title XI, Sec. 1101(c), Apr. 20, 2005, 119 Stat.
   189, provided that: "The amendments made by subsection (a) of this
   section [amending this section] shall not affect the interpretation
   of section 109(b) of title 11, United States Code."

NONLIMITATION OF INFORMATION::

     Pub. L. 109-8, title I, Sec. 102(e), Apr. 20, 2005, 119 Stat. 33,
   provided that: "Nothing in this title [see Tables for
   classification] shall limit the ability of a creditor to provide
   information to a judge (except for information communicated ex
   parte, unless otherwise permitted by applicable law), United States
   trustee (or bankruptcy administrator, if any), or trustee."

JUDICIAL EDUCATION::

     Pub. L. 109-8, title XII, Sec. 1226, Apr. 20, 2005, 119 Stat.
   199, provided that: "The Director of the Federal Judicial Center,
   in consultation with the Director of the Executive Office for
   United States Trustees, shall develop materials and conduct such
   training as may be useful to courts in implementing this Act [see
   Short Title of 2005 Amendment note above] and the amendments made
   by this Act, including the requirements relating to the means test
   under section 707(b), and reaffirmation agreements under section
   524, of title 11 of the United States Code, as amended by this
   Act."

-FOOTNOTE-

   (!1) See References in Text note below.

   (!2) So in original.