Page:United States Statutes at Large Volume 92 Part 2.djvu/1270

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 2550

Post, p. 2615.

Post, p. 2594.

PUBLIC LAW 95-598—NOV. 6, 1978 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 all or substantially all of the property of the debtor under a lease or operating agreement; (3) "attorney" means attorney, professional law association, corporation, or partnership, authorized under applicable law to practice law; (4) "claim" means— (A) right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or (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; (5) "commodity broker" means futures commission merchant, foreign futures commission merchant, clearing organization, leverage transaction merchant, or commodity options dealer, as defined in section 761 of this title, with respect to which there is a customer, as defined in section 761(9) of this title; (6) "community claim" means claim that arose before the commencement of the case concerning the debtor for which property of the kind specified in section 541(a)(2) of this title is liable, whether or not there is any such property at the time of the commencement of the case; (7) "consumer debt" means debt incurred by an individual primarily for a personal, family, or household purpose; (8) "corporation"— (A) includes— (i) association having a power or privilege that a private corporation, but not an individual or a partnership, possesses; (ii) partnership association organized under a law that makes only the capital subscribed responsible for the debts of such association; Hii) joint-stock company; (iv) unincorporated company or association; or (v) business trust; but (B) does not include limited partnership: (9) "creditor" means— (A) entity that has a claim against the debtor that arose at the time of or before the order for relief concerning the debtor;