Section 3301 - DefinitionsAs used in this subchapter:
(1) "Affiliate" means-(A) a person who 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 a person who holds the securities-(i) as a fiduciary or agent without sole discretionary power to vote the securities; or(ii) solely to secure a debt, if the person has not exercised the power to vote;(B) a 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 a person who 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 the person who holds securities-(i) as a fiduciary or agent without sole power to vote the securities; or(ii) solely to secure a debt, if the person has not in fact exercised the power to vote;(C) a person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or(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-(ii) an officer 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(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)2 "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)3 "Relative" means an individual related, by consanguinity or adoption, within the third degree as determined by the common law, a spouse, or an individual so related to a spouse within the third degree as so determined.(6)4 "Transfer" means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance.(7)5 "Valid lien" means a lien that is effective against the holder of a judicial lien subsequently obtained in legal or equitable proceeding.1 So in original. The period probably should be a semicolon.
2 So in original. Probably should be "(6)".
3 So in original. Probably should be "(7)".
4 So in original. Probably should be "(8)".
5 So in original. Probably should be "(9)".
Added Pub. L. 101-647, §3611, 104 Stat. 4959.STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection effective 180 days after Nov. 29, 1990, and applicable with respect to certain actions for debts owed the United States pending in court on that effective date, see section 3631 of Pub. L. 101-647, set out as a note under section 3001 of this title.
- Court
- "Court" means any court created by the Congress of the United States, excluding the United States Tax Court.
- Debt
- "Debt" means-(A) an amount that is owing to the United States on account of a direct loan, or loan insured or guaranteed, by the United States; or(B) an amount that is owing to the United States on account of a fee, duty, lease, rent, service, sale of real or personal property, overpayment, fine, assessment, penalty, restitution, damages, interest, tax, bail bond forfeiture, reimbursement, recovery of a cost incurred by the United States, or other source of indebtedness to the United States, but that is not owing under the terms of a contract originally entered into by only persons other than the United States;and includes any amount owing to the United States for the benefit of an Indian tribe or individual Indian, but excludes any amount to which the United States is entitled under section 3011(a).
- Debtor
- "Debtor" means a person who is liable for a debt or against whom there is a claim for a debt.
- Judgment
- "Judgment" means a judgment, order, or decree entered in favor of the United States in a court and arising from a civil or criminal proceeding regarding a debt.
- Person
- "Person" includes a natural person (including an individual Indian), a corporation, a partnership, an unincorporated association, a trust, or an estate, or any other public or private entity, including a State or local government or an Indian tribe.
- Property
- "Property" includes any present or future interest, whether legal or equitable, in real, personal (including choses in action), or mixed property, tangible or intangible, vested or contingent, wherever located and however held (including community property and property held in trust (including spendthrift and pension trusts)), but excludes-(A) property held in trust by the United States for the benefit of an Indian tribe or individual Indian; and(B) Indian lands subject to restrictions against alienation imposed by the United States.
- United States
- "United States" means-(A) a Federal corporation;(B) an agency, department, commission, board, or other entity of the United States; or(C) an instrumentality of the United States.