
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC3301]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
             CHAPTER 176--FEDERAL DEBT COLLECTION PROCEDURE
 
           SUBCHAPTER D--FRAUDULENT TRANSFERS INVOLVING DEBTS
 
Sec. 3301. Definitions

    As 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--
                (i) a director of the debtor;
                (ii) an officer of the debtor;
                (iii) a person in control 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
                (v) a person in control of the debtor.\1\
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    \1\ So in original. The period probably should be a semicolon.

            (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.
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    \2\ So in original. Probably should be ``(6)''.
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        (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.
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    \3\ So in original. Probably should be ``(7)''.
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        (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.
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    \4\ So in original. Probably should be ``(8)''.
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        (7) \5\ ``Valid lien'' means a lien that is effective against 
    the holder of a judicial lien subsequently obtained in legal or 
    equitable proceeding.
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    \5\ So in original. Probably should be ``(9)''.
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(Added Pub. L. 101-647, title XXXVI, Sec. 3611, Nov. 29, 1990, 104 Stat. 
4959.)
