180 Neb. Admin. Code, ch. 3, Attachment 6

Current through September 17, 2024
Attachment 180-3-6 - USC SECTION 101(2) AND (15)

CITE-

11 USC CHAPTER 1 - GENERAL PROVISIONS

01/03/05

TITLE 11 - BANKRUPTCY

CHAPTER 1 - GENERAL PROVISIONS

HEAD-

SECTION 101 - Definitions

STATUTE-

In this title -

(2) AFFILIATE. 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 operating agreement.
(15) ENTITY. The term entity includes person, estate, trust, governmental unit, and United States trustee.

180 Neb. Admin. Code, ch. 3, Attachment 6

Adopted effective 6/15/2021