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Bankruptcy code 101 31

bankruptcy code 101 31

(B) includes any amount paid by any entity other than the debtor (or in a joint case the debtor and the debtor's spouse), on a regular basis for the household expenses of the debtor or the debtor's dependents (and in a joint case the debtor's spouse if not otherwise a dependent), but excludes benefits received under the Social Security Act, payments to victims of war crimes or crimes against. Notes The "current monthly income" received by the debtor is a defined term in the Bankruptcy Code and means the average monthly income received over the six calendar months before commencement of the bankruptcy case, including regular contributions to household expenses from nondebtors and including income from the debtor's spouse if the petition is a joint petition, but not including social. Business Bankruptcy Fundamentals ($ Add-On Session) - Register Now This two-part, hour program fully covers the procedures and strategies of the typical chapter 11 case from pre-bankruptcy planning through plan confirmation and beyond; DIP financing, executory contracts and leases, sales, workouts, corporate governance, and tax issues are also fully treated.

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Please help us improve our site! No thank you. LII U. Code Title Code Notes prev next. 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.

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. B right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.

B for purposes of section and chapter 12, aquaculture activities consisting of raising for market any species or product described in subparagraph A. B does not include limited partnership.

B entity that has a claim against the estate of a kind specified in section d , f , g , h or i of this title; or. C entity that has a community claim. II payments to victims of war crimes or crimes against humanity on account of their status as victims of such crimes;. III payments to victims of international terrorism or domestic terrorism, as those terms are defined in section of title 18 , on account of their status as victims of such terrorism;.

IV any monthly compensation, pension, pay, annuity, or allowance paid under title 10, 37, or 38 in connection with a disability, combat-related injury or disability, or death of a member of the uniformed services, except that any retired pay excluded under this subclause shall include retired pay paid under chapter 61 of title 10 only to the extent that such retired pay exceeds the amount of retired pay to which the debtor would otherwise be entitled if retired under any provision of title 10 other than chapter 61 of that title; and.

V Payments made under Federal law relating to the national emergency declared by the President under the National Emergencies Act 50 U. B a nonprofit organization that is exempt from taxation under section c 3 of the Internal Revenue Code of ;.

C a creditor of such assisted person , to the extent that the creditor is assisting such assisted person to restructure any debt owed by such assisted person to the creditor;. D a depository institution as defined in section 3 of the Federal Deposit Insurance Act or any Federal credit union or State credit union as those terms are defined in section of the Federal Credit Union Act , or any affiliate or subsidiary of such depository institution or credit union; or.

E an author, publisher, distributor, or seller of works subject to copyright protection under title 17, when acting in such capacity. B includes an individual condominium or cooperative unit, a mobile or manufactured home, or trailer if used as the principal residence by the debtor.

B is not and was not, within 2 years before the date of the filing of the petition , a director, officer, or employee of the debtor; and.

C does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders , by reason of any direct or indirect relationship to, connection with, or interest in, the debtor, or for any other reason. C 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— i a separation agreement, divorce decree, or property settlement agreement;.

B interest of a limited partner in a limited partnership; or. C warrant or right, other than a right to convert, to purchase, sell, or subscribe to a share, security , or interest of a kind specified in subparagraph A or B of this paragraph. B 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 i more than 80 percent of the value of its assets consists of assets related to the farming operation ;.

B a corporation or partnership— i in which more than 50 percent of the outstanding stock or equity is held by— I 1 family that conducts the commercial fishing operation ; or. II 1 family and the relatives of the members of such family, and such family or such relatives conduct the commercial fishing operation ; and.

III if such corporation issues stock, such stock is not publicly traded. B such other entity either directly or through its agents or its assigns , as consideration, agrees to perform drilling, reworking, recompleting, testing, or similar or related operations, to develop or produce liquid or gaseous hydrocarbons on the property. B with respect to an insured credit union including an insured credit union for which the National Credit Union Administration has been appointed conservator or liquidating agent , the National Credit Union Administration ;.

C with respect to any insured depository institution for which the Resolution Trust Corporation has been appointed conservator or receiver, the Resolution Trust Corporation; and. D with respect to any insured depository institution for which the Federal Deposit Insurance Corporation has been appointed conservator or receiver, the Federal Deposit Insurance Corporation. B in connection with a securities contract as defined in section an investment company registered under the Investment Company Act of B a clearing organization as defined in section of the Federal Deposit Insurance Corporation Improvement Act of B any combination of agreements or transactions referred to in subparagraphs A and C ;.

C any option to enter into an agreement or transaction referred to in subparagraph A or B ;. D a master agreement that provides for an agreement or transaction referred to in subparagraph A , B , or C , together with all supplements to any such master agreement, without regard to whether such master agreement provides for an agreement or transaction that is not a forward contract under this paragraph, except that such master agreement shall be considered to be a forward contract under this paragraph only with respect to each agreement or transaction under such master agreement that is referred to in subparagraph A , B , or C ; or.

E any security agreement or arrangement, or other credit enhancement related to any agreement or transaction referred to in subparagraph A , B , C , or D , including any guarantee or reimbursement obligation by or to a forward contract merchant or financial participant in connection with any agreement or transaction referred to in any such subparagraph, but not to exceed the damages in connection with any such agreement or transaction, measured in accordance with section B includes — i any— I general or specialized hospital;.

II ancillary ambulatory, emergency, or surgical treatment facility;. III hospice;. IV home health agency; and. II intermediate care facility;. III assisted living facility;. IV home for the aged;. V domiciliary care facility; and. VI health care institution that is related to a facility referred to in subclause I , II , III , IV , or V , if that institution is primarily engaged in offering room, board, laundry, or personal assistance with activities of daily living and incidentals to activities of daily living.

B all easements, rights, appurtenances, fixtures, rents, royalties, mineral rights, oil or gas rights or profits, water rights, escrow funds, or insurance proceeds; and. C all replacements or additions. B if the debtor is a corporation — i director of the debtor ;. C if the debtor is a partnership— i general partner in the debtor ;. D if the debtor is a municipality , elected official of the debtor or relative of an elected official of the debtor;.

E affiliate , or insider of an affiliate as if such affiliate were the debtor; and. F managing agent of the debtor. C with reference to a municipality , financial condition such that the municipality is— i generally not paying its debts as they become due unless such debts are the subject of a bona fide dispute; or. B with respect to an insured credit union , has the meaning given it in section r of the Federal Credit Union Act.

B includes an insured credit union except in the case of paragraphs 21B and 33 A of this subsection. B invention, process, design, or plant protected under title 35;.

C patent application;. D plant variety;. E work of authorship protected under title 17; or. F mask work protected under chapter 9 of title 17;. B if the agreement contains provisions relating to agreements or transactions that are not contracts described in paragraphs 1 through 5 of section a , shall be deemed to be a master netting agreement only with respect to those agreements or transactions that are described in any one or more of paragraphs 1 through 5 of section a.

B if not so calculated and reported in the then current year, adjusted annually after such most recent year until the next year in which median family income is both calculated and reported by the Bureau of the Census , to reflect the percentage change in the Consumer Price Index for All Urban Consumers during the period of years occurring after such most recent year and before such current year.

B is a guarantor of a pension benefit payable by or on behalf of the debtor or an affiliate of the debtor; or. C is the legal or beneficial owner of an asset of— i an employee pension benefit plan that is a governmental plan, as defined in section d of the Internal Revenue Code of ; or. B if identified in connection with 1 or more of the items of information specified in subparagraph A — i a birth date, the number of a certificate of birth or adoption, or a place of birth; or.

B from a specified volume, or a specified value, from the liquid or gaseous hydrocarbon produced from such property, and determined without regard to production costs. B does not include a repurchase obligation under a participation in a commercial mortgage loan.

B does not include— i currency, check, draft, bill of exchange, or bank letter of credit;. B that is engaged in the business of effecting transactions in securities— i for the account of others; or. II a spot, same day-tomorrow, tomorrow-next, forward, or other foreign exchange, precious metals, or other commodity agreement;. III a currency swap, option, future, or forward agreement;.

IV an equity index or equity swap, option, future, or forward agreement;. V a debt index or debt swap, option, future, or forward agreement;. VI a total return, credit spread or credit swap, option, future, or forward agreement;. Blog Pay Invoice Member Login. Posted On: Nov 23rd, No Comments. Samuel D. Last Name. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. Search Posts Search. Learning the fundamentals of bankruptcy law can therefore be an essential practice component for a variety of professions.

By covering all of the bankruptcy essentials, the program provides a foundation in bankruptcy law for both lawyers and business professionals alike, taught by an outstanding faculty of experts who present practice tips and the basic concepts that every professional dealing with insolvency needs to know, including:.

Who this course is for: This program geared toward professionals and attorneys of all experience levels who want to develop a strong working knowledge of bankruptcy law and practice.

This 2. Part I explores concepts applicable in all cases, including the automatic stay, property of the estate, claims and priorities, executory contracts and unexpired leases and the discharge are examined. Part II explores the range of the estate's avoiding powers of various transfers such as preferences, fraudulent transfers and unperfected security interests.

Wendelin I. Bankruptcy Court D. This two-part, 3.

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