Page:United States Statutes at Large Volume 104 Part 6.djvu/570

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


104 STAT. 4960 PUBLIC LAW 101-647—NOV. 29, 1990 "(D) a person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets. "(2) 'Asset' means property of a debtor, but does not include— "(A) property to the extent it is encumbered by a valid lien; "(B) property to the extent it is generally exempt under nonbankruptcy law; or "(C) an interest in real property held in tenancy by the entirety, or as part of a community estate, to extent such interest is not subject to process by the United States holding a claim against only one tenant or co-owner. "(3) 'Claim' means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. "(4) 'Creditor' means a person who has a claim. "(5) 'Insider' includes— "(A) if the debtor is an individual— "(i) a relative of the debtor or of a general partner of the debtor; "(ii) a partnership in which the debtor is a general partner; "(iii) a general partner in a partnership described in clause (ii); or "(iv) a corporation of which the debtor is a director, officer, or person in control; "(B) if the debtor is a corporation— "(i) a director of the debtor; "(ii) an officer of the debtor; "(iii) a person in control of the debtor; "(iv) a partnership in which the debtor is a general partner; "(v) a general partner in a partnership described in clause (iv); or "(vi) a relative of a general partner, director, officer, or person in control of the debtor; "(C) if the debtor is a partnership— "(i) a general partner in the debtor; "(ii) a relative of a general partner in, a general partner of, or a person in control of the debtor; "(iii) another partnership in which the debtor is a general partner; "(iv) a general partner in a partnership described in clause (iii); or "(v) a person in control of the debtor. "(D) an affiliate, or an insider of an affiliate as if the affiliate were the debtor; and "(E) a managing agent of the debtor, "(4) 'Lien' means a charge against or an interest in property to secure payment of a debt and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common law lien, or a statutory lien. "(5) 'Relative' means an individual related, by consanguinity or adoption, within the third degree as determined by the