11 U.S.C. § 101

Corporate principals who each owned half of the debtor were insiders under § 101(25)(B).

In Re Tamarack Trail Co. · filed 1983-04-19(25)(B)

By statutory definition, Diem and Gilmore were “insiders”. 11 U.S.C. § 101(25)(B).

Section 101(25) can classify an entity as an insider based on its affiliations.

In Re Ancor Exploration Co. · filed 1983-05-12(25)

Newco/Agathon is an “insider” as defined in 11 U.S.C. § 101(25) of the Bankruptcy Code because of its affiliation with the A/S Docko interests as shown on Exhibit “A”.

Section 101(25)(E) treats an insider of a debtor’s affiliate as an insider of the debtor.

In the Matter of Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee v. Huffman · filed 1983-08-18(25)(E)

We are persuaded that as to the $88,860 note, Huffman was an insider of an affiliate within the meaning of 11 U.S.C. § 101(2). By definition, an insider of an affiliate is an insider of the debtor under 11 U.S.C. § 101(25)(E).

Section 101(25) treats a corporation’s president as an insider.

Barclays American/Business Credit, Inc. v. Long (In Re Long) · filed 1983-12-14(25)

Long acted as President of the A & C Johnson Co. (ACJ) from 1975 through July of 1982 and was an “insider” of ACJ under 11 U.S.C. Section 101(25) at all relevant times from December of 1979.

A corporate debtor’s directors and officers are insiders under section 101(25)(B)(i) and (ii).

Mixon v. Mid-Continent Systems, Inc. (In Re Big Three Transportation, Inc.) · filed 1983-11-18(25)(B)(i)-(ii)

2) Lehman Blackshear qualified as an insider as defined by 11 U.S.C. § 101(25)(B)(i) and (ii).

Section 101(25)(B) treats a corporate officer as an insider even if the officer lacks decision-making authority.

In Re B.E.T. Genetics, Inc. · filed 1983-12-05(25)(B)

However, he does not provide and this court cannot find any authority which would negate the finding that as an officer of the corporation, even without decision-making authority, he is considered an insider and therefore an interested person.

A creditor’s financial power over a corporate debtor alone does not make the creditor an insider under § 101(25)(B)(iii).

Schick Oil & Gas, Inc. Ex Rel. Mahaffey v. Federal Deposit Insurance Corp. (In Re Schick Oil & Gas, Inc.) · filed 1983-12-09(25)(B)(iii)

Simply because the bank had financial power over the debtor does not make the bank an insider for that reason. The type of control alluded to by the trustee was an incident of their debtor-creditor relationship.

A creditor's lock box arrangement does not make it an insider of a corporate debtor unless the creditor has sufficient control to restrain the debtor's independent action.

In Re Belco, Inc. · filed 1984-03-27(25)(B)(iii)

After a review of the function of a “lock box”, we remain unconvinced that FNB was an insider with control over Belco. FNB possessed no stranglehold on Belco so as to render Belco powerless to act independent of FNB. If anything, use of a “lock box” was a stratagem which was beneficial to Belco. In order to show control the Court must be presented with facts which evidence a means of restraint or authority greater than that here.

A partnership debtor’s general partner is an insider under § 101(25)(C) when acting as trustee of a creditor holding a claim against the debtor.

In Re Hempstead Realty Associates · filed 1984-04-06(25)(C)

Leon C. Baker, as trustee of the Coleman trust, is an insider of the debtor, because he is its general partner. As trustee, he holds and exercises the claim on behalf of the Coleman trust.

Section 101(25) includes attorneys who represent a debtor and act as agents of its controlling shareholder within the definition of insiders.

Barr v. Weber (In Re Carousel Candy Co.) · filed 1984-04-11(25)

The defendant attorneys WEBER and BATES qualify as “insiders” (11 U.S.C. § 101(25)) since they represented the debtor and were agents of its sole shareholder and defacto president, In re Vaniman, supra, 22 B.R. at p. 189.

Section 101 includes corporate directors, officers, persons in control, their relatives, and holders of at least 20% of the debtor’s voting securities in the definition of insiders.

Matter of Medical Equities, Inc. · filed 1984-04-30(2), (25)

The designation of insiders herein is confined to the meticulous definition as presented in 11 U.S.C. §§ 101(2) and 101(25), to include directors; officers; persons in control; relatives of these officers; and persons who own, hold or control 20% or more of debtor’s voting securities.

A corporate debtor’s insider includes a relative of an officer or person in control; insider status calls for close scrutiny but does not automatically bar an administrative expense claim.

Goodman v. National Labor Relations Board (In Re Gloria Manufacturing Corp.) · filed 1984-05-04(25)(B)(vi)

Under 11 U.S.C. § 101(25)(B)(vi), where the debtor is a corporation, an insider is a relative of a director, officer or person in control of the debtor. David is clearly a relative as defined in 11 U.S.C. § 101(34). Under such circumstances, the court must give close scrutiny to dealings between an insider and the corporation. However, there is no per se rule prohibiting a claim of an insider from being classified as an administrative expense, nor has the court been cited to any ease so holding. Close scrutiny to dealings does not require automatic denial.

Section 101(25)(B) includes a corporate debtor’s president within the definition of an insider.

Remes v. Yeomans (In Re Quality Plastics, Inc.) · filed 1984-06-21(25)(B)

Mr. Yeomans is an insider under 11 U.S.C. § 101(25)(B).

A director of a corporate debtor is an insider under § 101(25)(B)(i).

Marketing Resources International Corp. v. PTC Corp. (In Re Marketing Resources International Corp.) · filed 1984-06-27(25)(B)(i)

Thus, the debtor has met the requirements of § 547(b)(4) since, under 11 U.S.C. § 101(25)(B)(i) of the Code, an insider of a corporate debtor includes the director of that debtor.

Section 101(25)(B)(v) defines insider status, which can disqualify a creditor’s vote from the plan acceptance count.

In Re Victory Const. Co., Inc. · filed 1984-08-02(25)(B)(v)

The Stad Trust is clearly an insider pursuant to 11 U.S.C. § 101(25)(B)(v) (1982), whose vote could not be counted pursuant to 11 U.S.C. § 1129(a)(10) (1982).

For trustee voting, § 101(25)'s insider definition does not include a creditor who is neither controlled by nor an alter ego of the debtor.

In Re Blesi · filed 1984-09-20(25)

However, the point of the insider definition is to invalidate the voting of a creditor who is so tied to or controlled by the Debtor as to in effect be an alter-ego of the Debtor. The creditor Melvin Evans in this case is certainly not controlled by nor an alter-ego of the Debt- or. Therefore, 11 U.S.C. § 702(a)(3) does not apply.

Control over a debtor's check disbursements alone does not make a creditor an insider.

Gray v. Giant Wholesale Corp. · filed 1985-04-04(25)(B)(iii)

Giant, however, was not an insider or a person in control 10 of Food Center merely because Giant controlled the dispensation of its checks.

A creditor does not become an insider merely by controlling check disbursements when the debtor retains control of the account’s funding and the business.

Gray v. Giant Wholesale Corp. · filed 1985-04-04(25)(B)(iii)

Instead, Page had sole control over Food Center because Page controlled the amount of money that was placed into the account and Page managed every aspect of the store, including setting the store’s hours, setting employee wages, making hiring and firing decisions, determining what advertising was necessary, and determining what goods were to be purchased. Because Giant was not an insider of Food Center, the transfers it received more than ninety days before the bankruptcy petition was filed are not avoidable as preferential.

Section 101(25) defines an insider to include specified family and business relationships involving an individual debtor.

Struve v. Khan (In Re Mesa) · filed 1985-04-12(25)

No testimony or evidence was submitted that would substantiate this allegation and accordingly this Court does not find that the defendants/transferees were “insiders” as contemplated by 11 U.S.C. § 101(25).

Section 101(28)'s insider definition covered the parties who executed the debtor's note and mortgage.

Kennebago Corp. v. Blackburn (In Re Kennebago Corp.) · filed 1985-06-06(28)

It is significant that all parties to the execution of the note and mortgage were “insiders” as defined by 11 U.S.C. § 101-(28). Merrill was the President of MWPD, and Sturdevant was an employee of Schooner Capital Corporation, which was financing MWPD.

Section 101(25)'s insider definition is open-ended: an entity may be an insider even if it does not fit a listed example.

Lingley v. Stuart Shaines, Inc. (In Re Acme-Dunham Inc.) · filed 1985-06-12(25)

It is clear then that even though Stuart Shaines, Inc. may not specifically fall within the examples set forth in the statute, it may still be an insider.

Section 101 treats an affiliate as an insider, including an entity whose owner controls more than twenty percent of the debtor’s stock.

In Re Beverages International Ltd. · filed 1985-06-21(28)

Moreover, M.H. Gordon was an insider of the debtor after April 1982 because its owner Ira Gordon, and his son, who I find was his instrumentality, had the power to vote and control more than twenty percent of the stock.

Section 101 treats a corporation’s president and 50 percent shareholder as an insider.

Druker v. Green (In Re Carla Leather, Inc.) · filed 1985-07-01(25)(B)(i)-(iii)

As the owner of 50 percent of Carla’s stock and president of the company, he is an insider, 11 U.S.C. § 101 (25)(B)(i)-(iii) (1982).

Section 101(25)(B) includes a corporation’s director, officer, and controlling shareholder among its insiders.

Henderson v. Buchanan (In Re Western World Funding, Inc.) · filed 1985-09-05(25)(B)

As for element four, Clair Vogt was an insider pursuant to 11 U.S.C. § 101(25)(B), as a director, officer, and controlling shareholder of the debtors.

A minority shareholder does not qualify as a person in control of a corporate debtor merely by owning 45 percent of its shares.

Estes v. Cranshaw (In Re N & D Properties, Inc.) · filed 1985-09-30(28)(B)

The only insider role which Mrs. Estes could possibly have played was that of a person in control of the debtor corporation. She did not have control by virtue of her forty-five percent interest in the corporation.

A corporation is an insider of an individual debtor when the debtor is its director, officer, or person in control.

Meat Requirements Coordination, Inc. v. Salett (In Re Salett) · filed 1985-10-18(28)(A)(iv)

The statement must be with respect to the debtor’s financial condition or that of an insider, which includes a corporation of which the debtor is a director, officer or person in control. 11 U.S.C. § 101 (28)(A)(iv) (Supp. 1984).

Section 101(28) treats a corporate director’s father as an insider of the debtor corporation.

In Re Aerco Metals, Inc. · filed 1985-12-05(28)

The Court further finds that Mr. E.A. Rudy is an insider of the Debtor pursuant to of Section 101(28), since Rudy is the father of a director of the corporation.

Section 101(28)(B)(ii) does not make every affiliate of a corporate debtor an insider.

In Re Trail's End Lodge, Inc. · filed 1985-11-19(28)(B)(ii)

While TMI is clearly an affiliate within the meaning of 11 U.S.C. § 101(2)(B), it is not an insider as defined in 11 U.S.C. § 101(28)(B)(ii).

Section 101 includes a person in control of a corporate debtor within the definition of an insider.

Bergquist v. Anderson-Greenwood Aviation Corp. (In Re Bellanca Aircraft Corp.) · filed 1985-12-09(25)(B)(iii)

The facts clearly establish both AGCO’s and Aviation’s status as insiders of Bellanca. As it relates to a corporate debtor, “insider” is statutorily defined to include a “person in control of the debtor.”

Section 101(28) includes a group that acquires control of a corporate debtor within the definition of an insider.

Unsecured Creditors' Committee of Pacific Express, Inc. v. Pioneer Commercial Funding Corp. v. Pioneer Commercial Fundin · filed 1985-12-18(28)

11 USC Sec. 101(28) defines an insider of a corporate debtor as a director, officer or person in control of the debtor. ... The court finds that even though each participant may not have been an insider of Pacific Express at the time the agreement was arranged, the group of participants became insiders afterwards.

Section 101(28) defines who qualifies as an insider, including a debtor's principal and related corporations.

In re Lawson Trucking Co. · filed 1986-01-08(28)

1. Edward G. Lawson, Jr., Lawson Crane Service, Inc. (LCS), Lawson Machinery Transport, Inc. (LMT), and Lawson Realty Corporation (LRC) are insiders within the meaning of 11 U.S.C. § 101(28).

Section 101(25)'s list of insiders is not exhaustive; a sufficiently close relationship with the debtor may also qualify.

Hunter v. Pool Pals Manufacturing, Inc. (In Re Benson) · filed 1986-01-24(25)

The only issue as to insider standing which must be decided is whether or not an insider is limited to those entities set forth in 11 U.S.C. Section 101(25). As previously indicated, the Bankruptcy Code contemplates no such limitation.

Section 101's insider definition can include an attorney who exercises enough control or influence over a debtor to make their transactions something other than arms-length.

Matter of Lemanski · filed 1986-02-06(28)

Attorneys are not automatically considered to be insiders under the Code. An attorney is an insider if as a matter of fact, he exercises such control or influence over the debtor as to render their transactions not arms-length. [3] Evidence showed that while Whipple has represented the debtors on several occasions over the last ten years or so, it did not exercise the requisite "high degree of influence or control" necessary for insider status.

Section 101(28) defines insiders by their influence over the debtor; former officer status alone did not establish insider status here.

Matter of Dan-Ver Enterprises, Inc. · filed 1986-04-22(28)

Under the Bankruptcy Code, insiders are those who have great influence over the Debtor. 11 U.S.C. § 101(28). ... Finding no indication that either of the Sapps can be classified as insiders for the purpose of disallowing their claim for prepetition interest, we hold that they are entitled to $5,369.74 in satisfaction of that claim.

A corporate officer who controls the debtor is an insider of the debtor.

In Re Cohoes Industrial Terminal, Inc. · filed 1986-06-12(28)(B)(ii)

Gloria F. Baker is an insider of the debtor within the meaning of 11 U.S.C. § 101(28)(B)(ii) and does not claim that the debtor obtained the property from her by ... fraud.

A corporation’s vehicle lessor and judgment creditor is not an insider under § 101(28)(B) without evidence that it fits a statutory insider category.

United General Insurance v. Roy Young, Inc. (In Re Roy Young, Inc.) · filed 1986-06-13(28)(B)

This court has seen no indication whatever that Mid-South fits into any of the above definitions of insiders. Mid-South’s relationship with the debtor was as a lessor of vehicles, and then as a judgment creditor.

Section 101(25)(B) identifies corporate officers as insiders, and its examples do not exhaust who may qualify.

Tennessee Wheel & Rubber Co. v. Street (In Re Tennessee Wheel & Rubber Co.) · filed 1986-07-29(25)(B)

The Code does not provide a static definition of insider. By way of example, it provides that directors, officers or persons in control of a debtor corporation are insiders. ... Street was an insider at the time of this $30,000 transaction with the debtor.

Section 101(28)'s definition of insider does not cover the Farmers Home Administration as a creditor of these debtors.

In Re Carper · filed 1986-08-04(28)

Because FmHA is not an "insider" under 11 U.S.C. § 101(28), the applicable preference period is the ninety-day period prior to the Debtors' filing.

Section 101 treats relatives within the third degree of affinity as insiders; that relationship continues after a spouse’s death when a child of the marriage survives.

Zakroff v. Markson (In Re Ribcke) · filed 1986-08-20(28)(A), (37)

The death of Judith Markson Ribcke did not terminate the relationship of affinity between her parents and the debt- or because of the fact that a child survived. ... It follows then that the trustee may avail himself of the one-year reach back of § 547(b)(4)(B) because those related within the third-degree of affinity, such as the defendants, are automatically trapped in the category of insider.

Section 101(25) does not treat buyers of a debtor’s business or creditors reasonably collecting a debt as insiders on those facts.

Schwarz v. Equitable Bank, N.A. (In Re Express Liquors, Inc.) · filed 1986-10-17(25)

Specifically, with respect to Counts IV and VI there is no convincing evidence to support a finding that either the Buyers, Equitable, or Suburban are “insiders” as defined in 11 U.S.C. § 101(25).

A corporation that controls a corporate debtor is an insider.

In Re U.S. Truck Company, Inc., a Michigan Corporation, Debtor. Teamsters National Freight Industry Negotiating Committe · filed 1986-09-04(28)(B)(iii), (30)

The Code’s definition of “insider” clearly includes McKinlay Transport, Inc.

Section 101(28) includes corporations and people whose close relationship and control make them insiders.

Levy v. Runnells (In Re Landbank Equity Corp.) · filed 1986-11-06(28)

John Edward would place upon “insider” a rigid definition which would exclude himself; however, this was not the intent of the statute, 11 U.S.C. § 101(28). ... Entity is not limited to a person, but includes partnerships of all kinds and corporations.

Section 101(28) defines insider status; without evidence that a creditor is an insider, the one-year preference period does not apply.

Wilson v. TXO Production Corp. (In Re Wilson) · filed 1987-02-13(28)

There is no evidence that TXO was an insider within the definition contained in 11 U.S.C. § 101(28). The one-year preference rule is inapplicable.

A creditor can qualify as an insider through a special relationship that gives it control over the debtor, even without voting control.

Rubin Bros. Footwear v. Chemical Bank (In Re Rubin Bos. Footwear) · filed 1987-04-10(25)(B)

Voting control, however, is not the only means of reaching insider status under the statute. ... “A creditor who does not deal at arms length with the debtor, but who has a special relationship with the debtor through which it can compel payment of its debt, has sufficient control over the debtor to be deemed an insider.” ... Defendants in this case clearly meet these standards.

Section 101(30)(B)(vi) includes certain relatives of a corporate debtor’s management as insiders, and an entity found to be such a relative’s alter ego may also qualify.

Levy v. Runnells (In Re Landbank Equity Corp. ) · filed 1987-06-10(30)(B)(vi)

The Bankruptcy Court held that John Edward Properties, Inc. was the alter ego of John E. Runnells. This Court has determined that such finding was not clearly erroneous. John E. Runnells is the brother of William R. Runnells, Jr. and clearly falls within the definition of an insider as contained in subsection (30)(B)(vi) of the statute. Accordingly, the Court below did not err in holding that John Edward Properties, Inc. was an insider for purposes of permitting the Trustee to avoid loan repayments made by Landbank to John Edward Properties.

Section 101(30)'s list of insiders is nonexclusive and can include someone whose close relationship with the debtor warrants closer scrutiny.

Matter of Kucharek · filed 1987-10-30(30)

Considering this along with developing case law, ... leaves little doubt that an insider may be a person or entity other than those enumerated in § 101(30), provided their relationship with the debtor fits within the meaning of the statute.

Section 101’s definition of “insider” is nonexclusive; a formal stock transfer does not end insider status when influence remains.

In Re Michigan General Corp. · filed 1987-09-16(25)

Nevertheless, the definition of “insider” in 11 U.S.C. sec. 101(25), is not exclusive. ... The court is not willing, under these circumstances, to find that the insider status of Akin, Gump has undergone any substantial change as a result of a transaction which merely changes the form of the exercise of influence.

Section 101(28)(A)(iv) treats a corporation as an insider of an individual debtor when the debtor is its president.

United Virginia Bank v. Dishaw (In Re Dishaw) · filed 1987-09-23(28)(A)(iv)

Because Dishaw was president of BBY, there is no question that BBY is an insider with respect to Dishaw’s bankruptcy. 11 U.S.C. § 101(28)(A)(iv).

Section 101(28) treats a debtor corporation's officers, directors, and controlling shareholders as insiders.

Koch Refining v. Farmers Union Central Exchange · filed 1987-10-07(28)

A debtor corporation's officers, directors and controlling shareholders are "insiders" of the debtor as defined in 11 U.S.C. Sec. 101(28).

A general partner in a debtor partnership is an insider.

Tokai Bank of California v. Old Town Historic Building Ltd. Partnership (In Re Old Town Historic Building Ltd. Partnersh · filed 1987-10-08(30)(C)(i)

To begin with, the Manns are insiders of the debtor/partnership, 11 U.S.C. § 101(30)(C)(i) (“general partner in the debtor”), and the debtor has a solid claim against the Manns, as of April 1, 1987, in the amount of $118,000, even after deducting offsets for services for the subtenants.

For a corporate debtor, an officer’s relative is an insider.

Chase Manhattan Bank, N.A. v. Dent (In Re Trans Air, Inc.) · filed 1987-10-09(30)(B)(vi)

When a debtor is a corporation, an “insider” includes any “relative of a general partner, director, officer or person in control of the debtor.” 11 U.S.C. § 101(30)(B)(vi).

Insider status for a transfer is fixed when the transfer is arranged, even if the transfer is perfected later.

Chase Manhattan Bank, N.A. v. Dent (In re Trans Air, Inc.) · filed 1987-11-24(30)(B)(vi)

Instead, this Court adopts the reasoning found in the DeRosa case and finds that “a creditor who is an insider at the time the transfer of the debtor’s property is arranged is an insider at the time of the transfer.”

Section 101(30)’s insider definition can include a former spouse, but the former spouse must have sufficient control or influence over the debtor to qualify.

Miller v. Schuman (In Re Schuman) · filed 1987-12-11(30)

In our view, the trial court correctly concluded that Mrs. Schuman is not an insider within the meaning of section 101(30). Although it is true that the parties had been married for nineteen years and the Debtor had expressed a desire that his children be well provided for, these facts do not indicate that Mrs. Schuman was able to exert sufficient influence over the Debtor to render her an insider.

Section 101(30) includes a corporation’s directors and officers in its definition of an insider.

In Re Medical Equities, Inc. · filed 1987-12-31(30)

All of Coen’s capacities in relation to Medical Equities leave no question that Coen was an “insider,” pursuant to 11 U.S.C. § 101(30).

Section 101(30)(B)(iii) includes a person in control of a corporate debtor, including an 80% shareholder, as an insider.

In Re Future Energy Corp. · filed 1988-02-19(30)(B)(iii)

On August 19, 1987, Canyon acquired 80% of Future's common shares from Krutex. Accordingly, Canyon also falls within the definition of an insider set forth in § 101(30)(B)(iii).

Section 101(30)(B) includes a corporate debtor’s de facto officer and that officer’s parent as insiders.

Rafoth v. Bailey (In Re Baker & Getty Financial Services, Inc.) · filed 1988-05-24(30)(B)

Based on a review of the evidence submitted, the Court believes that the Corporate Debtors were, in fact, operated as one entity. This, in turn, leads to the Court’s conclusion that D. SCHWENKER had a sufficiently close relationship with each of the Corporate Debtors to qualify as an “insider,” as that term is defined in 11 U.S.C. Sec. 101(30). Therefore, J. SCHWENKER must also be considered an insider based on his paternal relationship to D. SCHWENKER. 11 U.S.C. Sec. 101(30)(B)(vi).

Section 101(30)(B)(vi) treats a corporate officer’s spouse as an insider while the officer remains an insider.

Dent v. Martin · filed 1988-05-31(30)(B)(vi)

Pursuant to the Bankruptcy Code, appellant was an insider of Trans Air for as long as her husband was an insider. 11 U.S.C. § 101(30)(B)(vi).

Section 101(30)’s list of insiders is illustrative; a sufficiently close relationship with the debtor can make an unlisted person or entity an insider.

In Re Poage · filed 1988-06-03(30)

Section 101(30) defines the term “insider” only by way of example; it merely states that the term insider includes a number of relationships. 11 U.S.C. § 101(30). Section 102(3) states that the term “includes,” which is used in § 101(30) to define an insider, is not limiting.

Section 101(30) can classify a person who owns half of a corporation as an insider of that corporation.

Capital City Bank & Trust v. Kroh (In Re Kroh) · filed 1988-06-23(30)

He was also an insider of KBDC within the meaning of 11 U.S.C. § 101(30).

Section 101(30)(B) includes a corporate debtor’s president and CEO in the definition of an insider.

In Re Mako, Inc. · filed 1988-06-28(30)(B)

Since Treat is an “insider” as defined in the Bankruptcy Code at 11 U.S.C. § 101(30)(B), these were insider loans with no provisions for interest, term or collateral securing the loan.

A corporation controlled and operated by an individual debtor is an insider under § 101(30).

First City Bank-Central Park v. Powell (In Re Powell) · filed 1988-06-30(30)

Powell, as both 90% owner, officer, operator and prime employer of Fine Jewelry, was the human person who was the actor and decisionmaker for the corporate person, Fine Jewelry. Fine Jewelry is an insider under the Bankruptcy Code. 11 U.S.C. § 101(30).

Section 101(30) includes a corporate debtor’s officers and relatives of a person controlling the debtor within the definition of insider.

In Re Inter-Island Vessel Co., Inc. · filed 1988-07-06(30)

Polly Stiles’ claim that Davis, Sr. was not an insider subject to strict scrutiny, lacks any legal basis. Davis, Sr. was the president and majority shareholder of the debtor as well as the person who signed the bankruptcy petition. In addition, Davis, Sr. is the father of Davis, Jr. who undeniably managed the debtor.

Section 101(30) treats a company's chairman and half owner as an insider of the company.

Capital City Bank & Trust v. Kroh (In Re Kroh) · filed 1988-07-08(30)

He was also an insider of KBDC within the meaning of 11 U.S.C. § 101(30).

Section 101(30)(B) does not make a lawyer an insider merely because the lawyer joins the debtor’s management after the bankruptcy filing.

In re P & E Woodworking, Inc. · filed 1988-07-21(30)(B)

The key question in this case is whether a lawyer who takes part in management decisions after the filing ought to be considered an insider. I conclude such is not an insider situation. ... Likewise, the director disqualification would be limited to a pre-filing or prepetition situation, as would also be true in the case of a “person in control of the debtor” under § 101(30)(B)(iii).

Section 101(30)(B)'s corporate insider definition can include a person whose close relationship with the debtor makes that person similar to the listed insiders.

Matter of Heights Ban Corp. · filed 1988-08-09(30)(B)

Persons not specifically defined but of similar type also can be “insiders”. ... Under these authorities the court concludes that Brenton is an “insider” for purposes of section 1129(a)(10).

Section 101(30) includes a corporate debtor’s officers, directors, and affiliates among insiders, and § 101(2) covers a company wholly owned by an officer and director who holds stock in the debtor.

In Re B.W. Alpha, Inc. · filed 1988-08-19(30), (2)

John D. Burk is an officer and director of the Debtor and his construction company is an affiliate of the Debtor as that term is defined in § 101(2) since John D. Burk owns all the stock of John D. Burk Construction Company, Inc. The Court finds the classification is proper.

Section 101(30)(B) gives illustrative examples of corporate insiders and can include a creditor whose relationship gives it control over the debtor.

Monzack v. ADB Investors (In Re EMB Associates, Inc.) · filed 1988-10-21(30)(B)

The Code defines an insider as an officer, director or person in control of the debtor. 11 U.S.C. § 101(30)(B). This definition, however, is merely illustrative, and the term “must be applied flexibly on a case by case basis.” ... All of this constitutes enough control and domination to easily meet the “insider” standard.

An officer’s spouse remains an insider of a corporate debtor when the officer retains considerable influence and control after selling the company.

Chase Manhattan Bank, N.A. v. Dent (In Re Trans Air, Inc.) · filed 1988-11-04(30)(B)(vi)

The Court finds that Mrs. Dent’s insider status was not cured by virtue of her husband’s sale of the debtor in April 1986 because Mr. Dent remained in a position to exert considerable influence and control over the debtor and Mr. Gore.

Section 101(30)(A)(i) includes a debtor’s grandparents as insiders.

Carlson v. Hughes (In Re Aldridge) · filed 1988-12-02(30)(A)(i)

Finally, the Hughes admitted they were grandparents of Randall Aldridge and as such, they are insiders within the purview of 11 U.S.C. § 101(30)(A)(i). The one year reach back period found in § 547(b)(4)(B) will therefore apply.

Section 101(30)(A)'s insider categories are nonexclusive, but being a debtor's girlfriend and future fiancee alone does not establish insider status.

Matter of Hollar · filed 1989-01-19(30)(A)

As is apparent, Defendant does not fall into one of the specific categories set forth in Section 101(30)(A). ... Here, the only fact before the court is that Defendant was the girlfriend and future fiancee of the debtor at the time of the transfer. With this limited information, the court is unable to make the factual determination that the relationship of the debtor and Defendant was of such a nature as to make Defendant an insider.

Section 101(30) treats a creditor as an insider when its relationship with the debtor warrants close scrutiny; financial power alone does not establish insider status.

Practical Investment Corp. v. Rellen (In Re Practical Investment Corp.) · filed 1989-02-07(30)

However, the relevant inquiry here is whether PIC had a special relationship with Poole to the extent that it requires close scrutiny. Since PIC merely had financial power over Poole, was never an officer, director, shareholder, partner or joint venturer with Poole, it appears beyond doubt that the parties did not have a special relationship warranting special scrutiny. As such, PIC cannot be determined to be an insider.

Section 101(30)(A) and (B) defines insider relationships between individuals and corporations.

American Savings & Loan Ass'n v. Weber (In Re Weber) · filed 1989-04-07(30)(A) and (B)

Jack Weber, Sharon Weber and Weber Trucking are insiders of each other as defined in section 101(30)(A) and (B).

Section 101(30) treats a debtor corporation’s president as an insider.

Matter of PMH Corp. · filed 1989-06-08(30)

Moreover, inasmuch as Helmschrott is an “insider” of PMH pursuant to 11 U.S.C. § 101(30), the court’s Order of July 28, 1988, required PMH to obtain court approval before hiring Helmschrott as manager.

Section 101(30) treats a person who controlled a corporate debtor as an insider for payments contractually committed while that control existed, even if the payments occur after control ends.

Vadnais Lumber Supply, Inc. v. Byrne (In Re Vadnais Lumber Supply, Inc.) · filed 1989-05-24(30)

An insider of a corporate debtor is defined to include an officer or director or one in “control” of the debtor, “control” being an undefined term. § 101(30). ... The defendants were insiders at the time of all these payments. ... Payments made after technical control ceases, but committed to while it exists, present the same potential for abuse posed by payments to parties then in control. The fact of control prompts the payment and its timing in both situations. There should be no difference between them where, as here, the contractual commitment is made during the one year period.

Section 101(30)(A) does not automatically make a debtor’s fellow partner in a separate business an insider; the relationship must support a finding of undue influence or comparable closeness.

In Re Gilbert · filed 1989-08-03(30)(A)

The facts of this case do not support a conclusion that Stulz’ relationship with Jerry Gilbert is such that either is capable of exercising undue influence over the other. ... Given the Court’s determination that Stulz is not a insider, his vote may be included for purposes of the confirmation requirement of Section 1129(a)(10).

Section 101(30)(A)(iv) treats a corporation controlled by an individual debtor as an insider.

Will Rogers Bank & Trust Co. v. Watson (In Re Watson) · filed 1989-09-08(30)(A)(iv)

This Court concurs that the corporation qualifies as an “insider” as that term is defined under the Bankruptcy Code and thus the limitation placed by 11 U.S.C. § 523(a)(2)(A) is applicable in this case.

Section 101(30)(A)(i) includes an individual debtor’s relative in the definition of an insider.

In Re Gire · filed 1989-09-29(30)(A)(i)

The Bankruptcy Code defines “insider” as including a “relative of the debtor” when the debtor is, as here, an individual. 11 U.S.C. § 101(30)(A)(i). Accordingly, there is no question that the debtor’s son is an insider.

Under § 101(30), a close relationship alone does not make a lender an insider; the lender must have sufficient control over the corporate debtor’s decisions.

Badger Freightways, Inc. v. Continental Illinois National Bank & Trust Co. of Chicago (In Re Badger Freightways, Inc.) · filed 1989-11-02(30)

Accordingly, Badger’s allegations of an undefined “close relationship” are insufficient to plead that Continental was an insider. As discussed earlier, Badger has not alleged facts demonstrating the requisite level of operating control.

Section 101(30)(A) treats a corporation as an insider of an individual debtor when the debtor is its director, officer or person in control.

Bender v. Tobman (In Re Tobman) · filed 1989-11-03(30)(A)

Universal qualifies as an "insider" for purposes of § 523(a)(2)(A) under 11 U.S.C. § 101(30)(A) which provides that "if the debtor is an individual," an insider may be a "corporation of which the debtor is a director, officer or person in control.”

Section 101(30) includes a person in control of a corporate debtor as an insider; an agreement to acquire all its stock and assumption of a dominant interest can establish that status.

Fabricators, Inc. v. Technical Fabricators, Inc. · filed 1989-11-09(30)(B)(iii)

Here, this Court does not find that the bankruptcy court’s decision on this issue is clearly erroneous. There is no impression that a mistake has been made. The evidence reveals that TFI signed an agreement with Fabricators on February 2, 1985, to acquire all the stock in Fabricators and assumed a dominant interest. Therefore, TFI, the evidence shows, was the equitable owner of Fabricators from that day forward. Consequently, the advances made as early as February 4, 1985, should be given closer scrutiny.

Section 101(30)(B) treats a corporation’s director and officer as an insider.

Committee of Unsecured Creditors v. Logue (In Re Logue Mechanical Contracting Corp.) · filed 1989-11-09(30)(B)

As a director and officer of the Corporation, Arthur Logue is an “insider.” 11 U.S.C. § 101(30)(B).

Section 101(30) treats a person in control of a corporate debtor as an insider.

Geremia v. Fordson Associates (In Re International Club Enterprises, Inc.) · filed 1990-01-17(30)

Where the debtor is a corporation, an insider is defined as either a director or officer of the debtor, a person in control of the debtor, or a relative thereof. 11 U.S.C. § 101(30). ... These actions clearly render Fordson’s relationship with the debtor to be that of an insider.

Section 101(30)(A) permits a debtor who is an insider of a limited partnership’s general partner to be treated, by inference, as an insider of the partnership.

Hill v. Der (In Re Der) · filed 1990-03-05(30)(A)

He was also an insider of Der-Mas, Inc., the general partner in Eagle Associates, and therefore, by inference, an insider of Eagle itself.

Section 101(30)(A)(i) includes a debtor’s sister as an insider.

McLaughlin v. Jones (In Re Jones) · filed 1990-03-14(30)(A)(i)

The 90-day preference period would not apply to a transfer to Debtor's sister, however, because the transfer period with respect to "insiders” is one year. 11 U.S.C. Secs. 101(30)(A)(i) and 547(b)(4)(B).

Section 101(30) gives a nonexhaustive list of insiders.

In Re Allegheny International, Inc. · filed 1990-08-02(30)

The use of the term “insider” at 11 U.S.C. § 101(30) provides an illustrative, rather than an exhaustive list of the persons or entities which may qualify as insiders of the debt- or.

An insider includes an insider of an affiliate; a corporation whose outstanding voting securities are at least 20 percent owned or controlled by the debtor is an affiliate.

Knapp v. Applewhite (In Re Knapp) · filed 1990-08-28(30)

The Code’s definition “insider” includes any “[ajffiliate, or insider of an affiliate. ...” 11 U.S.C. § 101(30). The Court then looks to the Code’s definition of “affiliate”, which includes a “[cjorporation twenty (20%) percent or more of whose outstanding voting securities are directly ... owned, controlled ... by the debtor_” 11 U.S.C. § 101(2). As a matter of law the Court finds defendant to be an insider of the affiliate corporations Nassau Lounges, Inc., and Appkapp, Inc.

Section 101(30)(B) includes an officer of a corporate debtor as an insider.

Retail Marketing Co. v. Northwest National Bank (In Re Mako, Inc.) · filed 1990-09-05(30)(B)

In the instant case, Defendant Jim Treat is undoubtedly an “insider” and thus the Litigation Trustee is potentially a proper party in interest in this action.

Section 101(30) defines insider through a nonexclusive list that can include a close friend whose dealings with the debtor are not at arm’s length.

Grant v. Podes (In Re O'Connell) · filed 1990-09-19(30)

The Bankruptcy Code rule of construction set forth in § 102(3) provides that the term “includes” which is used in defining “insider” under § 101(30) is not limiting. Accordingly, an “insider” may be a person other than those enumerated in § 101(30). ... The defendants are “insiders.”

For a corporate debtor, its president and the president’s spouse are insiders.

In Re Stratford Lamps, Inc. · filed 1990-10-19(30)(B)

Carl Schachter was President of Debtor and, as such, was an insider. See 11 U.S.C. § 101(30)(B)(ii). Bella Schachter, the wife of Carl Schachter, also was an insider. See 11 U.S.C. § 101(30)(B)(vi).

Section 101(30)(B)(iii) includes a person who controls a corporate debtor in the definition of an insider.

Barr v. Overmyer (In Re Overmyer) · filed 1990-10-29(30)(B)(iii)

This finding places the Debtor in the position of being an insider as defined by 11 U.S.C. § 101(30)(B)(iii).

Section 101(30)(B) includes a corporate debtor’s officers, directors, and specified relatives among its insiders.

Matter of Fiesta Homes of Georgia, Inc. · filed 1990-12-21(30)(B)

It is clear from the Debtor’s petition and from the record in this case that substantial transfers were made to insiders as defined by the Code.

Section 101(30)(B) lists categories of corporate insiders, but the list is not exhaustive.

Committee of Unsecured Creditors for Pittsburgh Cut Flower Co. v. Hoopes (In Re Pittsburgh Cut Flower Co.) · filed 1991-01-30(30)(B)

Consequently, the six categories of corporate insider set forth at 11 U.S.C. § 101(30)(B) are not exhaustive.

Section 101(30) includes a debtor’s father-in-law as an insider while the marriage creating that relationship remains in effect.

Venn v. Purcell (In Re Winn) · filed 1991-01-16(30)

An “insider,” as defined by 11 U.S.C. § 101(30), includes a relative of the debtor. A “relative” is defined as an individual related by affinity or consanguinity within the third degree. 11 U.S.C. § 101(39). ... The doctrine of affinity would regard one party’s father-in-law as that party’s father. Consequently, the debtor in this case and the defendant are related by affinity. Therefore, by definition, Defendant is an insider.

Section 101(30) includes a person who controls a corporate debtor within the definition of an insider.

Baumgart v. Hobart Corp. (In re Freewerth Enterprises, Inc.) · filed 1991-03-06(30)

By reason of his position of control, Freedman is an “insider” pursuant to § 101(30).

Section 101’s definition of an insider excludes the debtor itself.

Micoz v. Carter (In re Carter) · filed 1991-02-13(30)(A)

Under § 101, therefore, an insider is a person other than the debtor itself.

Section 101(30) can treat a transferee outside its listed categories as an insider when a close relationship with the debtor results in a transaction that was not conducted at arm’s length.

Rush v. Riddle (In Re Standard Stores, Inc.) · filed 1991-02-20(30)

By using the word “includes,” Congress expanded the definition of “insider” beyond the expressly, and sometimes precisely defined, categories in subsections (A) through (F) of the statute. ... The focus of my inquiry, then, must be (1) whether Riddle had a close relationship with Debtor; (2) that resulted in a transaction that was not conducted at arm’s length. ... Riddle was an “insider” within the meaning of §§ 101(30) and 547(b)(4)(B) at the time of the Transfer.

Section 101(30) includes a corporation that controls the debtor as an insider, even without a formal role such as officer or shareholder.

In the Matter of Fabricators, Inc., Debtor. Fabricators, Inc., Cross-Appellant v. Technical Fabricators, Inc., Cross-App · filed 1991-03-27(30)

Since a “person” includes a corporation, 11 U.S.C. § 101(35), TFI was an “insider” of Fabricators within Bankruptcy Code § 101 if TFI exercised control of Fabricators. ... Such evidence shows sufficient indicia of control to characterize TFI as an insider.

A lender’s financial influence over a debtor does not make it an insider without operating or managerial control.

Johnson v. NBD Park Ridge Bank (In Re Octagon Roofing) · filed 1991-02-22(30)

The term “insider” is defined in 11 U.S.C. § 101(30) as including a “person in control of the debtor.” ... Thus, Trustee’s allegations of financial control by the Bank over Debtor are insufficient to show that the Bank was an insider.

Section 101(30) allows a trust, including an employer’s profit sharing trust, to qualify as an insider of an individual debtor based on the facts of the case.

Cimino v. Writer Corp. (In Re Polk) · filed 1991-03-20(30)

The Court concludes that a trust, including a profit sharing trust of a debt- or’s employer, can qualify as an insider of an individual debtor under the Bankruptcy Code and the issue of insider status is to be decided on the facts of the particular case.

Section 101(31) does not make a creditor an insider solely because of a long business relationship and personal involvement when the parties dealt at arm's length and the creditor did not control the debtor's business.

In Re Friedman · filed 1991-04-10(31)

A common basis for these rulings was the perception that, while a creditor may be in a strong bargaining position in dealing with the debtor, so long as the parties transact their business at arm's length, such circumstances do not necessarily give rise to insider status even though there was some degree of personal relationship with the debtor. It is unlikely that Congress intended that complex business relationships existing over a period of time, attended by some personal involvement but without control by the creditor over the debtor's business, would subject such creditor to insider status.

Section 101(30) includes a corporation’s director, officer, or person in control of the corporation among its insiders.

Official Creditors' Committee of Arundel Housing Components, Inc. v. Georgia-Pacific Corp. (In Re Arundel Housing Compon · filed 1991-03-28(30)

4. George M. French, Sr., the guarantor of the debtor’s obligation to Georgia-Pacific, was an insider of the debtor, according to the definition of “insider” found in Bankruptcy Code Section 101(30): (30) “insider” includes— (B) if the debtor is a corporation— (i) director of the debtor; (ii) officer of the debtor; (iii) person in control of the debtor 11 U.S.C. § 101(30) (1988).

Section 101(31)(B)(vi) includes the parents of a corporate debtor’s majority shareholder and president among insiders.

Bernstein v. Jones (In re I.D. Craig Service Corp.) · filed 1991-04-12(31)(B)(vi)

Roy C. and Trellice O. Jones are insiders under the Bankruptcy Code by definition. 11 U.S.C. § 101(31)(B)(vi).

A debtor’s spouse qualifies as an insider.

French v. Blankenship (In re Blankenship) · filed 1991-06-24(30)(A)(i)

Hancock qualifies as an insider as she is the Debtor’s wife. See 11 U.S.C. § 101(30)(A)(i).

Section 101(31)(B)(ii) classifies a corporate officer as an insider.

In Re Uly-Pak, Inc. · filed 1991-07-10(31)(B)(ii)

As an officer, Howard qualifies as an insider pursuant to 11 U.S.C. § 101(31)(B)(ii).

Section 101(30)’s definition of insider is nonexclusive, but a bank’s financial power over a debtor alone does not make the bank an insider.

In Re Vinard · filed 1991-08-08(30)

However, the facts the Debtors have alleged, if proven, would not establish that an “insider” relationship existed between them and the Bank. A bank’s financial power over a debtor does not, standing alone, make the bank an insider.

Section 101(31)(C) includes a person in control of a partnership debtor among its insiders.

In the Matter of BLOCK SHIM DEVELOPMENT COMPANY-IRVING, Debtor. RONIT, INC., and Michael A. Block, Appellants, v. STEMSO · filed 1991-08-22(31)(C)

Because the plan extends the due date of the Sandfield group’s note by two years and reduces by almost 20% the amount Touche & Ross may recover, and because neither party maintains control over Block Shim as described by the Code, ... both are impaired non-insiders.

Section 101(30)(B) defines insiders of a corporate debtor to include its directors, officers, people in control, and their relatives.

Bankr. L. Rep. P 74,230 in Re Marquam Investment Corporation, Debtor. Susan Brewer v. Erwin & Erwin, P.C. · filed 1991-08-26(30)(B)

The term “insider” includes a director, officer, or person in control of a debtor corporation. 11 U.S.C. § 101(30)(B)(i)(ii)(iii). A relative of a director, officer, or person in control of the corporation is also an insider. 11 U.S.C. § 101(30)(B)(vi). Warde Erwin was the president of Marquam. His son, Charles Erwin was listed as Marquam’s director and vice-president in Marquam’s 1983 bankruptcy petition. Thus, Warde Erwin and Charles Erwin were insiders of Marquam. The bankruptcy court’s conclusion that Charles Erwin was not an insider was erroneous as a matter of law.

Section 101(30)'s definition of insider extends beyond its listed categories to arrangements consistent with the statute's scope.

In Re Applegate Property, Ltd. · filed 1991-10-05(30)

While Daseke does not fit precisely into these parameters, the use of the term “includes” in Section 101(30) justifies resort to the rule of ejusdem generis to encompass other arrangements consistent with the intended scope of the statute.

Section 101(31) treats a corporate debtor’s affiliate and a person who controls the debtor as insiders.

Herby's Foods, Inc. v. Summit Coffee Co. (In Re Herby's Foods, Inc.) · filed 1991-11-22(31)

Summit owned 100% of the voting securities of Herby’s and was thus an affiliate and insider pursuant to §§ 101(31)(E) and 101(2)(A). Dunnam owned 100% of the voting securities of Summit and indirectly 100% of the voting securities of Herby’s and was thus an affiliate and insider. Snyder directed and controlled the affairs of Herby’s and was thus an insider pursuant to § 101(31)(B)(iii).

Section 101 defines corporate insiders to include officers, persons in control of the debtor, and certain relatives; the list is not exhaustive.

In Re Wilde Horse Enterprises, Inc. · filed 1991-12-23(30)

Under § 101(30) an “insider” includes, if the debtor is a corporation, an officer of the debtor, the person in control of the debtor, or a relative of a person who is an officer or person in control of the debtor corporation. The word “includes” is intended to connote that the definitions under the section are not limiting.

A debtor’s parents are insiders under Section 101(31)(A)(i).

Warren v. Society Corp. (In re Perks) · filed 1991-12-31(31)(A)(i)

The Debtor’s parents are insiders and they benefited by the payments made to Society.

Section 101(31) includes a debtor’s affiliate as an insider, but former affiliation alone does not make an entity an insider.

In Re MCorp Financial, Inc. · filed 1992-01-07(31)

An “insider” pursuant to § 101(31) of the Code includes an affiliate of the debtor. An affiliate includes a corporate entity that owns the debtor. ... The court finds that MTrust is not an insider as that term is defined in the Code and interpreted by case law. ... Although two years ago, MTrust n/k/a Ameritrust Corp. was an affiliate of MCorp Management, it is not currently an affiliate of MCorp Management or any of the Debtors.

A corporation is an insider of an individual debtor when the debtor is its director, officer, or person in control.

Mercantile Bank of Joplin N.A. v. Nicsinger (In Re Nicsinger) · filed 1992-01-27(31)(A)(iv)

Since Debtor was President, Director, and person in control of NUCI, NUCI was an insider of Debtor Frank Nicsinger under 11 U.S.C. § 101(31)(A)(iv).

Section 101(31)(A)(i) includes an individual debtor’s father within the definition of an insider.

Sicherman v. Falkenberg (In Re Falkenberg) · filed 1992-01-31(31)(A)(i)

Accordingly, the father, as guarantor, was an “insider” as that term is defined under §. 101(31)(A)(i) of the Bankruptcy Code [11 U.S.C. § 101(31)(A)(i) ].

Section 101(31) treats an entity composed of the debtor’s partners as an insider.

Braas Systems, Inc. v. WMR Partners (In Re Octagon Roofing) · filed 1992-04-03(31)

WMR constitutes an “insider” within the meaning of 11 U.S.C. § 101(31), because it is composed of the Roofing Partners, who are also partners in the Debtor.

Section 101 treats a corporation’s wholly owned subsidiary as an insider, but does not treat unrelated judgment creditors as insiders.

Southmark Corp. v. Riddle (In Re Southmark Corp.) · filed 1992-02-11(2), (31)

Under the Bankruptcy Code, the Riddles are not insiders of Southmark. DMS is a Southmark insider. 11 U.S.C. §§ 101(2) and (31).

Section 101(31)’s definition of “insider” is nonexclusive and can include entities under common control with the debtor even if they are not listed in the statute.

In Re Ingleside Associates · filed 1992-02-20(31)

Since § 101(31) states merely that entities designated therein are included within its scope, it is apparent that relationships not specifically referenced therein may nevertheless establish “insider” status.

Section 101 treats a corporate debtor’s officers and directors as insiders.

White v. Bradford (In Re Tax Reduction Institute) · filed 1992-02-28(31)(A)(iv)

At all times relevant to this proceeding, the defendant, W. Murray Bradford, was the debtor’s president and one of its directors and the defendant, Elizabeth Ann Purcell, was the debtor’s secretary and one of its directors. They were thus insiders for purposes of 11 U.S.C. § 547(b)(4)(B) by reason of 11 U.S.C. § 101(31)(A)(iv).

A debtor’s spouse is an insider under § 101(31).

Southwest Financial Bank & Trust Co. of Orland Park v. Stratton (In Re Stratton) · filed 1992-05-12(31)

Clearly, Scott Stratton was an “insider” as to Sharon Stratton.

Section 101’s insider definition does not establish insider status without evidence that the entity qualifies.

Matter of Bouy, Hall and Howard and Associates · filed 1992-06-10(31)

There is no evidence that Bouy and Hall Homes, Inc., is an insider within the meaning of 11 U.S.C. Section 101, or that, the unsecured claim of Bouy and Hall Homes, Inc., is objectionable.

Section 101(31)(B)(iii) treats a person in control of a corporate debtor as an insider; control depends on the creditor’s involvement in the debtor’s affairs.

CPY Co. v. Ameriscribe Corp. (In Re Chas. P. Young Co.) · filed 1992-06-22(31)(B)(iii)

“Insider” is defined in § 101(31) of the Bankruptcy Code. Subsection (B)(iii) provides that a person in control of the debtor, if the debtor is a corporation, is an insider. The Code fails to define “person in control” or “control.” ... Therefore, insider status must be determined on a case by case basis through examination of the totality of the circumstances and the creditor’s degree of involvement in the debtor’s affairs.

Section 101(31)(A) treats a corporation controlled by an individual debtor as an insider.

Abell v. Fryar (In Re Fryar) · filed 1992-08-07(31)(A)

Here, in addition the Fifth Circuit twice noted the control by Fryar of Westside, thus, insider status is present. 11 U.S.C. § 101(31)(A).

Section 101(31)(B) includes a corporate debtor’s officers and directors in the definition of insider.

In Re Allegheny International, Inc. · filed 1992-07-17(31)(B)

“Insider” is defined in 11 U.S.C. § 101(31). Where the debtor is a corporation, an “insider” includes directors and officers of the debtor. ... In the instant case, because Buckley was an officer and director of AI, by statutory definition he was an “insider.”

Section 101(31)(F) includes an entity with operational control over a debtor as a managing agent and insider.

In Re City of Columbia Falls · filed 1992-07-31(31)(F)

Whether or not the City has the ability to make personnel decisions, it clearly has operational control of the debtors. Based on these considerations, it is found the City is a “managing agent of the debtors” within the meaning of section 101(31)(F), and is thus an insider of the debtors.

A creditor is an insider by control when it can make the debtor a mere instrument or agent, unable to make independent policy and personnel decisions.

Clark v. Balcor Real Estate Finance, Inc. (In Re Meridith Millard Partners) · filed 1992-09-30(31)(C)(v)

Under 11 U.S.C. § 101(31)(C)(v), an insider includes one who is in control of the debtor. ... In order to control a debtor, a creditor must be so powerful that the debtor becomes a mere instrument or agent of the creditor, unable to make independent policy and personnel decisions.

Section 101(31)(A) does not make a friend of an individual debtor, an officer of the debtor’s bank, or that officer’s spouse an insider merely because of that relationship.

Torcise v. Cunigan (In Re Torcise) · filed 1992-10-07(31)(A)

Regardless of the length of the relationship between the Debtor and the Defendant, the definition of insider does not encompass an individual who is merely a friend or associate of a debtor nor an officer of the debtor’s banking institution nor the spouse of an officer at the debtor’s bank.

Section 101(31)(B) includes a corporation’s officer, director, and a relative of such a person among its insiders.

Bucki v. Singleton (In Re Cardon Realty Corp.) · filed 1992-10-08(31)(B)

If, as here, the debtor is a corporation, the term “insider” includes an officer, director, or person in control of the debtor as well as a relative of such a person. 11 U.S.C. § 101(31)(B). A relative, of course, includes a spouse. 11 U.S.C. § 101(45). The defendant, Carrie Singleton, was an officer and director of Cardón as well as its sole shareholder, and Donald Singleton was her husband. Therefore, both Defendants are insiders.

Section 101(30)(B)(iii) treats a corporation’s sole stockholder as an insider.

In re Alpha Corporation of Virginia · filed 1993-01-05(30)(B)(iii)

Because Arney owned all of Alpha's stock when he made this loan, he was then an "insider" under the Code, 11 U.S.C. § 101(30)(B)(iii) (1991).

Section 101(31)(B) includes a corporate debtor’s officer or a person in control of the debtor as an insider.

Total Technical Services, Inc. v. Whitworth (In Re Total Technical Services, Inc.) · filed 1993-01-13(31)(B)

An “insider” includes an officer of the debtor and a person in control of the debtor. 11 U.S.C. § 101(31)(B). ... While these factors may be relevant in a § 547(b)(4)(B) inquiry, here there is an overwhelming preponderance of evidence, a sample of which is discussed below, that Whitworth’s role at Services satisfies the alternative definitions of § 101(31)(B) during the relevant time period.

For an individual debtor, a corporation is an insider if the debtor is its officer or controls it.

In Re Hall · filed 1993-02-18(31)(A)(iv)

If the debtor is an individual, an “insider” is defined, inter alia, as a “corporation of which the debtor is a director, officer, or person in control.” 11 U.S.C. § 101(31)(A)(iv). ... Middle Earth Graphics is an. insider of the Debtor. 11 U.S.C. § 101(31)(A)(iv).

Section 101(31) defines “insider” for purposes of the one-year preference period.

Adams v. Pugliese (In re Sevitski) · filed 1993-02-24(31)

§ 547(b)(4)(B) refers to an “insider.” This term is defined by 11 U.S.C. § 101(31). ... The Court accepts Pugliese’s admission, and determines that one or more of the District Court defendants are insiders of Sevitski.

Section 101(31) treats a person in control of the debtor as an insider.

Stoumbos ex rel. Whitesides v. Kilimnik · filed 1993-03-09(31)

A "person in control of the debtor" is an "insider" of the debtor. 11 U.S.C. § 101(31).

Section 101(31) treats a person in control of the debtor as an insider.

Stoumbos ex rel. Whitesides v. Kilimnik · filed 1993-03-09(31)

Under the bankruptcy code, Kilimnik was an insider of the debtor. ... A “person in control of the debtor” is an “insider” of the debtor.

A creditor's contract negotiations and stronger bargaining position alone do not make it an insider under § 101(31).

Balaber-Strauss v. GTE Supply (In Re Coin Phones, Inc.) · filed 1993-03-29(31)

Here, were this court to adopt the definition of “insider” proposed by the trustee, every entity that negotiated a contract with the debtor within one year of the filing would be subjected to a preference attack by the trustee because the contract allegedly created a special relationship for control purposes. ... While “an insider can be any entity whose close relationship to the debtor requires careful scrutiny of the questioned transaction,” a debtor's inferior bargaining position does not transform a creditor into a control person.

Section 101(31)(A)(iv) includes a corporation controlled by an individual debtor within the definition of an insider.

Barclays/American Business Credit, Inc. v. Adams · filed 1993-03-22(31)(A)(iv)

In addition, as Mr. Adams was the sole owner and decision-maker of the corporation, AP was an “insider” ... of the Debtors under § 727(a)(7).

Section 101(31)(B)(ii) includes a corporation’s president in its definition of an insider.

Boyd v. Sachs (In re Auto Specialties Manufacturing Co.) · filed 1993-03-31(31)(B)(ii)

Sachs falls within this provision because as president of AUSCO he was an insider. 11 U.S.C. § 101(31)(B)(ii).

Section 101(31)(C) treats a corporation wholly owned by a debtor partnership’s general partner as an insider of the debtor.

In re Harborview Development 1986 Ltd. Partnership · filed 1993-04-01(31)(C)

CFI is 100% owned by Marcus R. Durlach, III, who is the 99% general partner of Harborview. CFI is, thus, an insider of Harborview as defined by 11 U.S.C. § lOl^l).

Section 101(31) treats a lender bank as an insider when it can exercise actual managerial control over the debtor or has a special affinity with the debtor beyond a business relationship.

Lynn v. Continental Bank, N.A. (In Re Murchison) · filed 1993-06-03(31)

This Court concludes that, in the absence of definitive guidance from the Fifth Circuit and under the sound reasoning of Badger Freightways and the other case law cited supra, a lender bank is not an “insider” for § 547(b) purposes unless it is able to exercise actual managerial control over the debtor or has some special affinity with the debtor that extends beyond a business relationship.

For an individual debtor, a relative, a partnership in which the debtor is a general partner, and the debtor’s general partner are insiders.

Tidwell v. Central Savings Bank, F.S.B. (In re Hunt) · filed 1993-06-09(31)(A)

Mr. Evans is an insider because he is a “relative of the debtor.” ... Hunt Trucking Company is a “partnership in which the debtor is a general partner.” Mr. Anderson is a “general partner of the debtor.” Thus, Mr. Evans, Mr. Anderson, and Hunt Trucking Company are insiders.

For a corporate debtor, an insider can be a person in control of the debtor, and whether someone has that control may require factual resolution.

Daddy's Money of Clearwater, Inc. v. Winick (In Re Daddy's Money of Clearwater, Inc.) · filed 1993-06-25(31)(B)(iii)

It is without dispute that the only definition which might possibly fit Winick would be the person in control of the debtor, under subclause (B)(iii). This in turn presents a factual issue which cannot be resolved by summary judgment.

Section 101(31)'s definition of insiders includes the related corporations the court treated as part of a prior debtor's serial filing.

First American Bank of Georgia v. Coastal Nursing Center, Inc. (Coastal Nursing Center, Inc.) · filed 1993-08-25(31)

Although this is not a serial filing in-the same name as the prior debtor, these corporations are clearly “insiders” as defined by 11 U.S.C. Section 101(31) and this filing is in substance, the same as if Robert Hagan had dismissed and refiled his case in order to reimpose the automatic stay.

Section 101(31) includes a debtor’s brother as an insider because he is a relative of the debtor.

French v. Nardolillo (In Re Perry) · filed 1993-08-13(31)

The definition of insider provided in 11 U.S.C. § 101(31) states that the term “insider” includes a relative of the debtor. Nardolillo falls within these specifications as he is the brother of the Debtor.

A corporate debtor’s president is an insider as an officer of the debtor.

Tolz v. Signal Capital Corp. (In Re Mastercraft Graphics, Inc.) · filed 1993-08-13(31)(B)(ii)

Finally, since the payments were guaranteed by the debtor’s president, who is an insider, the trustee may recover preferential transfers made within one year of the petition date.

Section 101(31) treats corporate officers and directors as insiders, including when they guarantee the corporation’s debt.

Loo v. Martinson (In Re Skywalker, Inc.) · filed 1993-08-18(31)

Where the guarantor is also an “insider” as defined by § 101(31), the extended one year preference period applies. ... Here, Walker and Alguire, both by definition insiders of Sky-walker, were guarantors of the debt to Loo created by the sale of the liquor license.

Section 101(31) includes a corporate debtor’s officers among insiders.

Livingston v. Kendall (In Re Diversified Contract Services Inc.) · filed 1993-08-23(31)

Transfers made to an insider of the debtor, such as an officer or director of a corporation, see 11 U.S.C. § 101(31), are preferential if made within one year of filing the bankruptcy petition. ... In applying the Deprizio doctrine to the facts of this case, the Court finds that Smith was an insider of DCS.

Section 101(31) does not make a creditor an insider merely because it has a continuing relationship with the debtor or its principals.

In Re Bloomingdale Partners · filed 1993-10-21(31)

The firms are not “insiders” as that term is defined in the bankruptcy code. See § 101(31). Nor do their relationships to the Debtor and its principals confer that status upon them.

Section 101(31)(B) defines who qualifies as an insider of a corporate debtor.

Fang Operators, Inc. v. Carpenter (In Re Fang Operators, Inc.) · filed 1993-09-22(31)(B)

Thus, the court considers that both Mr. Carpenter and Mr. Martin are insiders. See 11 U.S.C. § 101(31)(B).

A creditor’s arms-length work with a debtor as a plan co-proponent does not make the creditor an insider under § 101(31).

In Re MCorp Financial, Inc. · filed 1993-10-01(31)

To the extent that the seniors’ position as a co-proponent of the plan involved a working relationship with the debtors, that relationship was the paradigm of arms-length bargaining, the true test of lack of insider status. ... The seniors are not insiders of the debtors, and the senior class voted for the plan.

A creditor that proposes a plan is not an insider merely because it is the plan proponent when it deals with the debtor at arms length and lacks a significantly close relationship.

In Re Union Meeting Partners · filed 1993-11-01(31)(C)

These parties are clearly dealing at arms length with each other and they do not have a significantly close relationship which could subject their conduct to particular scrutiny. Thus, Lincoln is not an insider and its vote can be counted in determining whether there is an impaired accepting class.

Section 101(31)(C) lists examples of partnership insiders but is nonexclusive; proposing a plan alone does not make a party an insider.

In Re River Village Associates · filed 1993-10-29(31)(C)

A plan proponent is not within the scope of “insiders” expressly identified in § 101(31)(C). However, the list of insiders is nonexclusive, and the term includes a broad range of parties who have a close relationship with the debtor. ... There is no evidence that GECC influenced or controlled the Debtor. Thus, GECC is not an insider and its vote can be counted in determining whether there is an impaired class which has accepted GECC’s Plan.