11 Usc Chapter 1 - General Provisions

Topics: U.S. Securities and Exchange Commission, Debt, Types of business entity Pages: 143 (40932 words) Published: May 16, 2013
CITE-
11 USC CHAPTER 1 - GENERAL PROVISIONS 01/03/2012 (112-90)

-EXPCITE-
TITLE 11 - BANKRUPTCY
CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
CHAPTER 1 - GENERAL PROVISIONS

-MISC1-
Sec.
101. Definitions.
102. Rules of construction.
103. Applicability of chapters.
104. Adjustment of dollar amounts.
105. Power of court.
106. Waiver of sovereign immunity.
107. Public access to papers.
108. Extension of time.
109. Who may be a debtor.
110. Penalty for persons who negligently or fraudulently prepare bankruptcy petitions.
111. Nonprofit budget and credit counseling agencies; financial management instructional courses. 112. Prohibition on disclosure of name of minor children.

AMENDMENTS
2005 - Pub. L. 109-8, title I, Sec. 106(e)(2), title II, Sec. 233(b), Apr. 20, 2005, 119 Stat. 41, 74, added items 111 and 112. 1994 - Pub. L. 103-394, title III, Sec. 308(b), Oct. 22, 1994, 108 Stat. 4137, added item 110.

-End-

-CITE-
11 USC Sec. 101 01/03/2012 (112-90)

-EXPCITE-
TITLE 11 - BANKRUPTCY
CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
Sec. 101. Definitions

-STATUTE-
In this title the following definitions shall apply:
(1) The term "accountant" means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized.

(2) 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.

(3) The term "assisted person" means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.
(4) The term "attorney" means attorney, professional law association, corporation, or partnership, authorized under applicable law to practice law.
(4A) The term "bankruptcy assistance" means any goods or services sold or otherwise provided to an assisted person with the express or implied purpose of providing information, advice, counsel, document preparation, or filing, or attendance at a creditors' meeting or appearing in a case or proceeding on...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • chapter 11 Essay
  • Chapter 11 Essay
  • ECO 550 WEEK 6 CHAPTER 11 AND CHAPTER 12 PROBLEMS Essay
  • General Provision Essay
  • Summary of Chapter 11 and Chapter 12 (RIZAL) Essay
  • CHAPTER 15 GEOGRAPHY 1 Essay
  • Chemistry 11 Chapter 1 Notes Essay
  • Essay on Outline of Chapter 1 Accounting

Become a StudyMode Member

Sign Up - It's Free