The cases they cite, however (Champion, 2010 Bankr. LEXIS 2720 at *18, and In re KCMVNO, 2010 Bankr LEXIS 3669 at *11), are inapposite because those defendants were outside “ordinary commercial lenders” with no connection to the debtors’ controlling investors such as Defendants had here through the LBO Transaction. Rather: The ‘control’ to which [non-statutory insider cases] refer can only correctly be interpreted as something short of actual, legal control over the debtor’s business because ‘actual control’ would subject the creditor to the statutory category of ‘person in control of the debtor’ under 11 U.S.C. § 101(31). Any interpretation of ‘control’ within the non-statutory-insider context as anything like the ability ‘to order, organize or direct’ the debtor’s operations is simply incorrect.

Include amounts from any continuation sheets attached Type of Property N e Description and Location of Property -H -W -C Current Value of Debtor's Interest, in Property Without Deducting any Secured Claim or Exemption Husband Wife Joint--J Community 24. Customer lists or other compilations containing personally Identiflable InformatIon (as described In 11 U.S.C. 101(41A)) provided to the debtor by individuals in connection with obtaining a product or service from the debtor primarily for personal, family, or household purposes. 25.

First, although the Bankruptcy Code does not define the term “purchase,” it defines a “purchaser” as a “transferee of a voluntary transfer, and includes immediate or mediate transferee of such transferee.” 11 U.S.C. § 101(43) (emphasis added). “This definition encompasses all voluntary transferees, including transferees by gift or by sale.”

Fill in the average monthly income that you received from all sources, derived during the 6 full months before you file this bankruptcy case. 11 U.S.C. § 101(10A). For example, if you are filing on September 15, the 6-month period would be March 1 through August 31.

The Trustee’s generalized statutory construction and purported historical arguments, which ignore the specific characteristics of the FX Contracts at issue in this action, are without merit. Finally, the fact that 11 U.S.C. § 101(25)(A) also includes “any other similar agreement” within its definition does not mean, as suggested by the Trustee, that futures contracts could become forward contracts. The explicit carve-out for “commodity contracts” in section 101(25)(A) precludes such an interpretation.

X 24. Customer lists or other compilations containing personally identifiable information (as defined in 11 U.S.C. § 101(41A)) provided to the debtor by individuals in connection with obtaining a product or service from the debtor primarily for personal, family, or household purposes. X 25.

NAME LAST FOUR DIGITS OF SOCIAL-SECURITY OR OTHER INDIVIDUAL TAXPAYER-I.D. NO. (ITIN)/ COMPLETE EIN ADDRESS NATURE OF BUSINESS BEGINNING AND ENDING DATES None b. Identify any business listed in response to subdivision a., above, that is "single asset real estate" as defined in 11 U.S.C. § 101. NAME ADDRESS Software Copyright (c) 1996-2013 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 13-51756 Doc 1 Filed 07/11/13 Entered 07/11/13 09:36:07 Desc Main Document Page 27 of 37 Case 5:16-cv-00250-MTT Document 15-3 Filed 01/10/17 Page 28 of 38 B7 (Official Form 7) (04/13) 7 DECLARATION UNDER PENALTY OF PERJURY BY INDIVIDUAL DEBTOR I declare under penalty of perjury that I have read the answers contained in the foregoing statement of financial affairs and any attachments thereto and that they are true and correct.

NAME LAST FOUR DIGITS OF SOCIAL-SECURITY OR OTHER INDIVIDUAL TAXPAYER-I.D. NO. (ITIN)/ COMPLETE EIN ADDRESS NATURE OF BUSINESS BEGINNING AND ENDING DATES Joseph Owen Computer Consulting 7565 5401 Computer Consulting 2007-2009 None „ b. Identify any business listed in response to subdivision a., above, that is "single asset real estate" as defined in 11 U.S.C. § 101. NAME ADDRESS The following questions are to be completed by every debtor that is a corporation or partnership and by any individual debtor who is or has been, within six years immediately preceding the commencement of this case, any of the following: an officer, director, managing executive, or owner of more than 5 percent of the voting or equity securities of a corporation; a partner, other than a limited partner, of a partnership, a sole proprietor, or self-employed in a trade, profession, or other activity, either full- or part-time.

Resolving uncertainties in favor of protection is also needed to avoid conflict with the existing regulatory framework for swaps. The bankruptcy code states that the definition of a “swap agreement” for purposes of § 546(g) “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.” 11 U.S.C. § 101(53B)(B). Other laws parallel section 546(g) in fulfilling Congress’ intent to bring certainty to swap markets by protecting Case 1:12-mc-00115-JSR Document 248 Filed 07/24/12 Page 24 of 29 19 investors in swaps and ensuring the finality of swap transactions.

The bankruptcy code states that the definition of a “swap agreement” for purposes of § 546(g) “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.” 11 U.S.C. § 101(53B)(B). Other laws parallel Section 546(g) in fulfilling Congress’ intent to bring certainty to swap markets by protecting investors in swaps and ensuring the finality of swap transactions.