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11 U.S.C. § 101

Definitions

United States · Title 11 — BANKRUPTCY · Status: effective

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11 U.S.C. § 101, Definitions, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/436731
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In this title the following definitions shall apply: The term “affiliate” means— 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— 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— The term “claim” means— The term “commercial fishing operation” means— The term “corporation”— includes— The term “creditor” means— The term “current monthly income”— 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— excludes— The term “custodian” means— 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— The term “debtor’s principal residence”— The term “disinterested person” means a person that— 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— owed to or recoverable by— 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— The term “equity security” means— The term “family farmer” means— individual or individual and spouse engaged in a farming operation whose aggregate debts do not exceed $10,000,000 1 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— 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 The term “family fisherman” means— an individual or individual and spouse engaged in a commercial fishing operation— a corporation or partnership— in which more than 50 percent of the outstanding stock or equity is held by— The term “farmout agreement” means a written agreement in which— The term “Federal depository institutions regulatory agency” means— The term “financial institution” means— The term “financial participant” means— The term “forward contract” means— The term “health care business”— 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— includes— any— any long-term care facility, including any— The term “incidental property” means, with respect to a debtor’s principal residence— The term “insider” includes— if the debtor is an individual— if the debtor is a corporation— if the debtor is a partnership— The term “insolvent” means— 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— 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— with reference to a municipality, financial condition such that the municipality is— The term “institution-affiliated party”— The term “insured depository institution”— The term “intellectual property” means— The term “master netting agreement”— The term “median family income” means for any year— The term “person” includes individual, partnership, and corporation, but does not include governmental unit, except that a governmental unit that— acquires an asset from a person— is the legal or beneficial owner of an asset of— The term “personally identifiable information” means— 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— if identified in connection with 1 or more of the items of information specified in subparagraph (A)— The term “production payment” means a term overriding royalty satisfiable in cash or in kind— The term “repurchase agreement” (which definition also applies to a reverse repurchase agreement)— means— The term “security”— includes— does not include— The term “small business debtor”— does not include— The term “stockbroker” means person— that is engaged in the business of effecting transactions in securities— The term “swap agreement”— means— any agreement, including the terms and conditions incorporated by reference in such agreement, which is— any agreement or transaction that is similar to any other agreement or transaction referred to in this paragraph and that— The term “transfer” means— each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 95-598(H.R. 8200)1978-11-06
    A bill to establish a uniform law on the subject of bankruptcies.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 97-222(H.R. 4935)1982-07-27
    A bill to amend title 11, United States Code, to correct technical errors, and to clarify and make substantive changes, with respect to securities and commodities.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-353(H.R. 5174)1984-07-10
    Bankruptcy Amendments and Federal Judgeship Act of 1983
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-554(H.R. 5316)1986-10-27
    Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-506(S. 1626)1988-10-18
    Intellectual Property Bankruptcy Protection Act of 1987
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-597(S. 1863)1988-11-03
    A bill to amend the bankruptcy law to provide for special revenue bonds, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-311(H.R. 4612)1990-06-25
    To amend title 11 of the United States Code regarding swap agreements and forward contracts.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-647(S. 3266)1990-11-29
    Crime Control Act of 1990
    House: 313–1Senate: no recorded tally
  • Amended byPub. L. 102-486(H.R. 776)1992-10-24
    Energy Policy Act of 1992
  • Amended byPub. L. 103-394(H.R. 5116)1994-10-22
    Bankruptcy Reform Act of 1994
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 106-554(H.R. 4577)2000-12-21
    Consolidated Appropriations Act, 2001
  • Amended byPub. L. 109-8(S. 256)2005-04-20
    Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
  • Amended byPub. L. 109-390(H.R. 5585)2006-12-12
    Financial Netting Improvements Act of 2006
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 111-327(H.R. 6198)2010-12-22
    Bankruptcy Technical Corrections Act of 2010
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 116-51(H.R. 2336)2019-08-23
    Family Farmer Relief Act of 2019
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 116-52(H.R. 2938)2019-08-23
    HAVEN Act
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 116-54(H.R. 3311)2019-08-23
    Small Business Reorganization Act of 2019
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 116-92(S. 1790)2019-12-20
    National Defense Authorization Act for Fiscal Year 2020
  • Amended byPub. L. 116-136(H.R. 748)2020-03-27
    CARES Act
  • Amended byPub. L. 117-151(S. 3823)2022-06-21
    Bankruptcy Threshold Adjustment and Technical Corrections Act
    House: 392–21Senate: no recorded tally
  • Amended byPub. L. 119-27(S. 1582)2025-07-18
    GENIUS Act