Page:United States Statutes at Large Volume 92 Part 2.djvu/1271

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2551

(B) entity that has a claim against the estate of a kind specified in section 502(f), 5 0 2 (g), 502(h) or 502(i) of this Post, p. 2579. title; or (C) entity that has a community claim; (10) "custodian" means— (A) receiver or trustee of any of the property of the debtor, appointed in a case or proceeding not under this title; (B) assignee under a general assignment for the benefit of the debtor's creditors; or (C) trustee, receiver, or agent under applicable law, or under a contract, that is appointed or authorized to take charge of property of the debtor for the purpose of enforcing a lien against such property, or for the purpose of general administration of such property for the benefit of the debtor's creditors; (11) "debt" means liability on a claim; (12) "debtor" means person or municipality concerning which a case under this title has been commenced; (13) "disinterested person" means person that— (A) is not a creditor, an equity security holder, or an insider; (B) is not and was not an investment banker for any outstanding security of the debtor; (C) has not been, within three years before the date of the filing of the petition, an investment banker for a security of the debtor, or an attorney for such an investment banker in connection with the offer, sale, or issuance of a security of the debtor; (D) is not and was not, within two years before the date of the filing of the petition, a director, officer, or employee of the debtor or of an investment banker specified in subparagraph (B) or (C) of this paragraph; and (E) 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 an investment banker specified in subparagraph (B) or (C) of this paragraph, or for any other reason; (14) "entity" includes person, estate, trust, governmental u n i t; (15) "equity security" means— (A) share in a corporation, whether or not transferable or denominated "stock", or similar security; (B) interest of a limited part n e r in a limited partnership; or (C) w a r r a n t 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; (16) "equity security holder" means holder of an equity security of the debtor; (17) "farmer" means person that received more than 80 percent of such person's gross income during the taxable year of such person immediately preceding the taxable year of such person during which the case under this title concerning such person was commenced from a farming operation owned or operated by such person;