11 U.S.C. § 101

An individual who commences a bankruptcy case remains a debtor until the case is dismissed.

In Re Crawford · filed 2009-12-14(13)

In the case of an individual, 11 U.S.C. § 101(12A) defines “debtor” to mean an individual “concerning which a case under this title has been commenced.” ... Unless and until the case is dismissed, the individual commencing the case remains a debtor.

Section 101(13)’s definition of “debtor” applies to the Chapter 13 hanging paragraph, so the relevant intended vehicle use is that of the person who filed the bankruptcy case.

In Re Strange · filed 2010-01-20(13)

Section 101(13) of the Bankruptcy Code defines “debtor” as the “person ... concerning which a case under this title has been commenced.” 11 U.S.C. § 101(13). There is no reason to believe that Congress intended “debtor” to mean something different in the context of the hanging paragraph. Therefore, to be “of the debtor,” Debtor must have intended to use the vehicles at the time of their acquisition.

Section 101(13) makes a person a debtor when an involuntary petition is filed, before an order for relief is entered.

Rushton v. Kesler (In Re C.W. Mining Co.) · filed 2010-10-01(13)

A person becomes a debtor when an involuntary petition is filed, not when the order for relief is entered.

Section 101(13) identifies the debtor as the person whose bankruptcy case has commenced.

Shell v. Yoon · filed 2013-09-24(13)

The Bankruptcy Code defines “debtor” as “person ... concerning which a case under [the Code] has been commenced.” 11 U.S.C. § 101(13). ... “[T]he debtor” here is Deborah Shell, because this is her bankruptcy case.

In Chapter 15 cases, the Chapter 15 definition of “debtor” replaces section 101(13)’s definition, but separate debtor eligibility requirements still apply.

Drawbridge Special Opportunities Fund LP v. Barnet · filed 2013-12-11(13)

This linguistic parallelism makes clear that Section 1502 supplants Section 101—i.e., it supplants the definition of debtor within the context of Chapter 15—but it does not supplant requirements for “a debtor under this title” not included in the definition.

Section 101(13) does not limit “debtor” to a pre-petition entity.

Friedman's Liquidating Trust v. Roth Staffing Companies LP (In Re Friedman's Inc.) · filed 2013-12-24(13)

Not only does the Bankruptcy Code fail to define a “debtor” as a pre-petition, as opposed to post-petition, entity, see 11 U.S.C. § 101(13), but also many other provisions in the Code refer to “debtors” in the post-petition context.

Section 101(13) defines a debtor as a person or municipality for which a bankruptcy case has been commenced.

BankUnited, N.A. v. Lehmann (In re Lehmann) · filed 2014-06-06(13)

Furthermore, the term “debtor” is defined in the Code as a “person or municipality concerning which a case under this title has been commenced.” 11 U.S.C. § 101(13). Because the term “debtor” is conspicuously placed in sections 523(a) and 727(a) of the Code, it would be improper to add non-debtors to any cause of action relating to a debtor’s personal discharge.

Section 101(13) defines a debtor as a person or municipality whose bankruptcy case has commenced; that status is distinct from being a debtor in possession.

In re Mullendore · filed 2014-09-22(13)

“Debtor” and “debtor in possession” are not the same term. “Debtor” is defined at 11 U.S.C. § 101(13) as “person or municipality concerning which a case under this title has been commenced.” “Debtor in possession,” as defined at 11 U.S.C. § 1101(1), “means debtor except when a person that has qualified under section 322 of this title is serving as trustee in the case.”

Section 101(13) identifies the entity whose bankruptcy case was filed as the debtor, even after a merger with another entity.

Robert L. Dawson Farms, LLC v. Meherrin Agricultural & Chemical Company · filed 2019-05-20(13)

The surviving Plaintiff filed for bankruptcy relief the day following the merger and is the “debtor” within the meaning of § 101(13). Although WED Farms may be absorbed into the Plaintiff, it is not the debtor in this case.

Section 101(13) defines a debtor as a person or municipality for which a bankruptcy case has commenced.

Pool v. WINSTEAD · filed 2019-09-24(13)

For purposes of the bankruptcy provisions, § 101 provides that a “debtor” is a “person or municipality concerning which a case under this title has been commenced.” 11 U.S.C. § 101(13); see 11 U.S.C. § 101(41). ... More importantly, Winstead & Son Trucking, LLC is not a debtor in any bankruptcy case. Therefore, the claims against Winstead & Son Trucking, LLC regarding dischargeability of debt or discharge should be dismissed.

Section 101’s definition of debtor does not include someone solely because they are the subject of a foreign proceeding.

Talal Qais Abdulmunem Al Zawawi and Colin Diss · filed 2021-08-31(13)

Because the “subject of a foreign proceeding” is not a debtor under the general § 101 definition of debtor.

Section 101(13) defines a debtor as the person or municipality concerning which a bankruptcy case has been commenced.

Swope v. BG Petroleum, LLC · filed 2021-12-02(13)

The term “debtor,” as used in the Bankruptcy Code, is defined as the “person or municipality concerning which a case under this title has been commenced.” See 11 U.S.C. § 101(13). Sub judice, the “debtor” is BG Petroleum, LLC.

Section 101(13)’s general definition of “debtor” does not govern Chapter 15 recognition, which uses the definition in § 1502(1).

In Re: Al Zawawi · filed 2022-02-28(13)

That Chapter 15 contains the term “debtor” does not change the outcome here. Although “debtor” is defined at the start of the Bankruptcy Code, see 11 U.S.C. § 101(13), Chapter 15 provides its own, alternate definition for “debtor.”

Section 101(13) defines a debtor as the person or municipality for whom a bankruptcy case has been commenced.

Nelson A Madsen and Sharon L Burns · filed 2022-04-27(13)

First, Congress does not leave who or what is a “debtor” for argument of parties and to be divined by the court, but defines “debtor” in 11 U.S.C. § 101(13) to be: ... Thus, the “debtor” is the person who has put him/her/itself voluntarily into bankruptcy or has been placed into bankruptcy involuntarily by creditors.

Section 101(8)(A)(iv) includes a labor union as an unincorporated association that can be a debtor.

In Re Lane County Sheriff's Officers Ass'n · filed 1981-09-25(8)(A)(iv)

A labor organization can be a debt- or, and is generally treated as though it had the characteristics of a corporation.

Section 101(9) treats a labor union as a creditor when it has a right to payment for wages owed to its members.

Iles v. LTV Aerospace & Defense Co. (In Re Chateaugay Corp.) · filed 1989-09-06(9)

As an “entity” that has a “right to payment,” the union is a creditor under § 101(9), and its claim was properly filed as part of its Proof of Multiple Claims.

Section 101's definition of “person” does not include property.

Sachs v. Ryan (In Re Ryan) · filed 1981-11-20(3)

“Debtor” is defined by § 101(12) of the Code to mean “person or municipality concerning which a case under [the Code] has been commenced.” The definition of “person” cannot be construed to include “property.”

Section 101(30)'s definition of “person” excludes a probate estate, even if it is insolvent.

In re Estate of Brown ex rel. Brown · filed 1981-12-22(30)

11 U.S.C. § 101(30) defines “a person” to mean a “. . . individual, partnership, and corporation, ...” A probate estate, to wit, the estate of Joseph L. Brown, is not an individual person within the meaning of Bankruptcy law and and such a probate estate, albeit an insolvent one, must be administered pursuant to the laws of the decedent’s local jurisdiction.

Section 101(30) includes a partnership in the definition of “person.”

Crowell v. Twin Oaks Golf Course (In Re Twin Oaks Golf Course) · filed 1982-01-07(30)

A “person” includes a partnership. 11 U.S.C. Sec. 101(30). Therefore, Twin Oaks Golf Course was a proper entity to file a voluntary petition under Chapter 11.

Section 101(30)’s definition of “person” excludes a deceased debtor’s probate estate, so the estate cannot qualify for Chapter 7 relief.

Matter of Jarrett · filed 1982-04-13(30)

11 U.S.C. § 101(30) defines “a person” to mean “. . . individual, partnership, and corporation . . . .” ... The decedent’s probate estate is not a “person” entitled to Chapter 7 relief, and, therefore, may not convert from Chapter 13 to Chapter 7.

Section 101(30) includes individuals, partnerships, and corporations in the definition of “person,” removing the former restriction on corporate reorganization eligibility.

Matter of Levinsky · filed 1982-09-22(30)

It is manifest that these provisions of the Code have eliminated the restriction contained in section 406(6) of the Act.

Section 101(30) defines “person” to include a corporation.

In Re Walston Airbusiness, Inc. · filed 1983-02-01(30)

Section 1472 is applicable to a corporation by operation of Bankruptcy Code Section 101(30), 11 U.S.C. § 101(80) (1979), which defines “person” as including a corporation.

Section 101(30) defines “person” to include a partnership.

In Re Island Club Marina, Ltd. · filed 1983-01-17(30)

Section 1472 is applicable to a partnership by operation of Bankruptcy Code Section 101(30), 11 U.S.C. § 101(30) (1979), which defines “person” as including a partnership.

Section 101(30) excludes governmental units from the definition of “person,” even when a governmental unit asserts a claim as trustee.

Mansfield Tire & Rubber Co. v. Pension Benefit Guaranty Corp. (In Re Mansfield Tire & Rubber Co.) · filed 1983-09-13(30)

It is the character of PBGC as a government claimant, and not the character of the claim it asserts, which determines its eligibility to serve on the creditors’ committee. The fact that the PBGC is asserting a claim as trustee of the debtor’s pension plan does not change its status as a claimant which is a governmental unit.

Section 101(30) defines “person” to include individuals, partnerships, and corporations, but excludes governmental units; an indenture trustee can qualify as a person seeking compensation from the estate.

In re Manning · filed 1984-11-01(30)

The Trustee in the present case is a “person” within Federal Bankruptcy Rule 2016. “Person” is defined by 11 U.S.C. § 101(30) of the Bankruptcy Code to include “individual, partnership, and corporation, but does not include governmental unit.”

Section 101(30)’s definition of “person” includes a corporation providing management consulting services.

In Re Carolina Sales Corp. · filed 1985-01-18(30)

Strategic Options is clearly within the definition of “person” found in 11 U.S.C. § 101(30), but since the term “professional” is nowhere defined in the Code, the court must consider various nonstatutory indicia in determining whether Strategic Options is a “professional person” within the meaning of section 327.

Section 101(33) excludes governmental units from the definition of “person”; naming the President in his official capacity does not make the United States an eligible bankruptcy debtor.

In Re the President of the United States · filed 1985-03-11(33)

Only a “person” (including a natural individual, a partnership and a corporation, but not a governmental unit) or a “municipality” (meaning a political subdivision or public agency or instrumentality of one of the fifty states) may be a bankruptcy debtor.

Section 101(33) excludes probate estates from the definition of “person,” so they cannot be debtors under the Bankruptcy Code.

In Re Estate of Whiteside by Whiteside · filed 1986-06-06(33)

We conclude that the Code, its legislative history, and case law provide that á probate estate is not a “person” within the meaning of the Code, and thus is not eligible to be a debtor under the Code.

Section 101(33) excludes estates from the definition of “person,” making them ineligible for bankruptcy relief.

In Re Estate of Patterson · filed 1986-09-09(33)

“Person” is defined at 11 U.S.C. § 101(33) to include individuals, partnerships and corporations. ... Estates are not “persons.”

Section 101(35) includes an individual in the definition of “person,” so an individual may qualify as a Chapter 11 debtor.

Matter of Young · filed 1987-07-28(35)

Joneses’ contention that Chapter 11 is not available to Young because she is not a business enterprise and because she does not operate a business is incorrect. ... The term “person” as used in this section includes an individual. 11 U.S.C. § 101(35).

Section 101(30) includes individuals, partnerships, and corporations within the definition of “person,” while treating them as distinct entities.

Krueger v. Push & Pull Enterprises, Inc. (In Re Push & Pull Enterprises, Inc.) · filed 1988-03-17(30)

The plain meaning of 11 U.S.C. § 101(30) is: a person includes individual, partnership, or corporation, but none of the enumerated entities can be the other — they can only be a person.

Section 101(35) includes a corporation in the definition of “person”.

In Re Wine Farms, Inc. · filed 1988-12-15(35)

11 U.S.C. § 101(35) includes in its definition of “person” a corporation. Thus, it appears that Congress intended that if a corporation could be a debtor in a Chapter 7 proceeding, then it could be a debtor in a Chapter 11 proceeding.

A creditors’ committee is neither a person under § 101(35) nor an entity under § 101(14).

Unsecured Creditors Committee of Butler Group, Inc. v. Butler (In Re Butler) · filed 1989-01-06(35), (14)

A committee is neither a person (§ 101(35)) nor an entity (§ 101(14)).

Section 101 excludes a state from the definition of “person” because a state is a governmental unit.

Matter of Gates Engineering Co., Inc. · filed 1989-06-16(35), (26)

Section 101(35) excludes, with one exception not pertinent here, a governmental unit from the meaning of person. Section 101(26) defining governmental units includes a state. The U.S. Trustee quite appropriately excluded Tennessee as a member of the Warranty Claimants Committee.

Section 101(35) defines “person” to include an individual.

In re Martin-Amirault · filed 1990-03-08(35)

Indeed, a “person” is defined to include an individual. See 11 U.S.C. § 101(35).

Section 101(35) defines “person” to include a corporation.

In Re Blackoaks, Inc. · filed 1990-05-25(35)

“Person” as defined in 11 U.S.C. § 101(35) includes a corporation. Upon review of the record, the allegations of petitioners and Debtor’s attachments to its motion to dismiss, the entity against which petitioners seek an order for relief is a corporation and is, thus, a person against which an involuntary case under chapter 7 may be commenced.

Section 101(35) includes corporations in its definition of person, so a corporation can qualify as a professional person under § 327.

In Re Neidig Corp. · filed 1990-08-01(35)

The definition of “person” includes "individual, partnership, and corporation, but does not include governmental unit." 11 U.S.C. § 101(35).

Section 101 excludes the United States Trustee serving as trustee in a bankruptcy case from the definition of a governmental unit and permits it to qualify as a person for notice requirements.

In re Winkler · filed 1991-01-18(26), (35)

11 U.S.C. § 101(26) clearly excludes the United States Trustee from the definition of a governmental unit. Since the United States Trustee, while serving as a trustee in a case under this title, is not a governmental unit, it may be .defined as a person under 11 U.S.C. § 101(35). We find that the United States Trustee is, as a matter of law, a person for purposes of the notice requirements of Title 11, the Bankruptcy Rules of Procedure, and the Local Bankruptcy Rules of the Eastern District of Michigan.

Section 101(37) includes partnerships in the Bankruptcy Code’s definition of “person.”

Rodeck v. Olszewski (In Re Olszewski) · filed 1991-02-21(37)

A partnership is recognized as a “person” by the Bankruptcy Code ... and may itself be a debtor under § 109, but there is no provision in the Bankruptcy Code authorizing a partnership to jointly file for relief with any other person.

Section 101(35) includes a dissolved partnership as a person until its affairs are wound up.

In Re Donald Verona & Bernard Green · filed 1991-07-25(35)

Based on the foregoing, this Court is satisfied that Mrs. Verona’s Motion To Dismiss this Chapter 7 case on the basis that this partnership is not a person within § 101(35) and thus not eligible for relief under § 109(a) is without merit.

Section 101(35) treats a partnership as an entity for bankruptcy purposes, so counsel for a debtor partnership represents the partnership rather than its partners.

In Re Hickory Mill Apartments of Columbus, Ltd. · filed 1991-07-30(35)

Partnership counsel represent only the partnerships. Although the uniform statutes governing partnerships under various state laws treat partnerships as entities for some purposes and as individual interests for other purposes, the Bankruptcy Code treats a partnership for all purposes as an entity. See, e.g. 11 U.S.C. §§ 101(35) and 301. Therefore, under the Bankruptcy Code, representation of a debtor partnership entity differs from representation of any of that entity’s component parts.

Section 101(35)’s definition of “person” does not bar substantive consolidation of the estates of non-spousal individuals.

Federal Deposit Insurance Corporation v. Colonial Realty Company, Jonathan Googel, and Benjamin Sisti · filed 1992-06-01(35)

that a “person” may be an individual, a partnership, or a corporation, 11 U.S.C. § 101(35). The FDIC argues that this consistent syntactical use of the singular person evidences a strong bias in the Code for preserving the separateness of distinct estates, which precludes the substantive consolidation of the estates of non-spousal individuals. Neither the Code, its legislative history, nor the logic which orders any linguistic interpretation, provides any real support for this argument, and we are left to conclude that appellant has failed to establish that the substantive consolidation which was ordered in this case violates any “commands of the Bankruptcy Code.”

Section 101(41) lists individuals and corporations separately, so a corporation is not an individual under the Bankruptcy Code.

Consolidated Rail Corp. v. Gallatin State Bank · filed 1992-05-18(41)

If a corporation was an individual under the Bankruptcy Code, it would have been unnecessary for Congress to include the word “corporation” when defining “person” because the word “individual” would have included corporations. Put another way, if the word “individual” were to be construed to include corporations, the word “corporation” in Section 101(41) would be mere surplusage.

Section 101(41) treats individuals and corporations as distinct categories of persons; an individual does not include a corporation.

In Re Abacus Broadcasting Corp. · filed 1993-01-29(41)

“Person” under the Bankruptcy Code, includes “individuals, partnerships and corporations.” 11 U.S.C. § 101(41). If the term “individual” included “corporations,” there would be no need to note them separately in the definition of “persons.” ... The plain language of the Bankruptcy Code, therefore, indicates beyond all doubt that the term “individual” is separate and distinct from and not coterminous with the term “corporation.”

Section 101(41) includes a partnership within the Bankruptcy Code’s definition of a person, separate from its partners.

In Re Funneman · filed 1993-06-08(41)

Consistent with the entity theory of partnerships embodied in the Uniform Partnership Act, the Bankruptcy Code accords a partnership the status of a “person,” 11 U.S.C. § 101(41), and treats it as a separate legal entity distinct from the partners who created it.

Section 101(41) excludes non-business trusts from the definition of “person.”

Hunt v. TRC Properties, Inc. (In Re Hunt) · filed 1993-11-08(41)

Therefore, based on a plain reading of the statutes, the legislative history, and a majority of the case authority, a non-business trust is not a person under § 101(41) of the Code.

Section 101(41) recognizes a partnership as a person under the Bankruptcy Code.

In Re Kane · filed 1993-10-12(41)

A partnership is a distinct legal entity, separate from those who formed it, and is recognized as a “person” under the Bankruptcy Code.

Section 101(41) excludes a state from the definition of a person under chapter 11.

In Re Public Service Company of New Hampshire, Debtor. Edward Kaufman v. Public Service Company of New Hampshire · filed 1995-01-06(41)

The State of New Hampshire is not covered by the safe harbor provision — not being a "person” under chapter 11, 11 U.S.C. § 101(41) — although appellants have never explained why they think that the state is responsible for any mistakes in the disclosure statement.

Section 101(41) excludes governmental units from the definition of a person for purposes of trustee eligibility.

In the Matter of C & S Grain Company, Incorporated, Debtor-Appellant · filed 1995-03-08(41)

Nor is the Department a person as defined by the Bankruptcy Code; governmental units are specifically excluded from the definition.

Section 101(33) treats a dissolved corporation as a person under the Bankruptcy Code.

Automatic Sprinkler Corporation Of America v. Darla Environmental Specialists Inc. · filed 1995-04-28(33)

A dissolved corporation is a "person" under the Bankruptcy Code of 1978.

Section 101(41) defines “person” to include individuals, partnerships, and corporations as distinct entities.

Elder-Beerman Stores Corp. v. Thomasville Furniture Indus. Inc. (In Re Elder-Beerman Stores Corp.) · filed 1996-06-19(41)

As the plain meaning of § 101(41) dictates that the term “individual” be read to exclude partnerships and corporations, so must the plain meaning of § 362(h) be read to apply only to individuals, and not corporations.

Section 101(41) includes minors within the definition of “person” because a minor is an individual.

In Re Murray · filed 1996-07-31(41)

For title 11 purposes, “ ‘person’ includes individual.” 11 U.S.C. § 101(41). ... The plain language of the Code does not contain or suggest age exceptions to the ordinary meaning of “individual.”

Section 101(41) defines a person to include a partnership, so a general or limited partnership can qualify as a debtor under § 109(b).

Taylor v. Bush (In Re Taylor & Associates, L.P.) · filed 1997-03-28(41)

To qualify as a debtor under Section 109(b), the entity must be a “person,” defined as including an “individual, partnership, and corporation.” 11 U.S.C. § 101(41); see also 11 U.S.C. § 101(13).

A New York partnership in dissolution remains a person eligible to liquidate under Chapter 11.

In Re Shea & Gould · filed 1997-10-24(41)

For that reason, we do not read the court’s conclusion that a “dissolved New York partnership is not a ‘person’ for purposes of Chapter 11 and therefore cannot pursue a filing under Chapter 11”, 113 F.3d at 1313, as barring a New York partnership from liquidating in chapter 11.

Section 101(41) defines a person to include an individual, partnership, or corporation, but not a bankruptcy estate.

Hansen, Jones & Leta, P.C. v. Segal · filed 1998-02-18(41)

The definition of "person” under the Bankruptcy Code includes an “individual, partnership, and corporation, ...” but does not include estate.

Section 101(41) lists individuals and corporations separately as persons, so a corporation is not an individual for Chapter 7 discharge.

Bostick v. Schall's Brakes & Repairs, Inc. · filed 1999-02-01(41)

Therefore, while "individual” is not defined in the Code, presumably it is neither intended to include nor does it mean the same thing as a "corporation," because "individual” and "corporation” are indicated as two separate entities that may be "persons” under the Code.

Section 101(41)’s definition of “person” includes limited liability companies because they are similar to corporations and partnerships.

In Re ICLNDS Notes Acquisition, LLC · filed 2001-02-16(41)

As corporations and partnerships are eligible to be debtors, and because an LLC draws its character from both of those forms of doing business, an LLC is similar enough to those entities that it also comes within the definition of “person” and is eligible for protection under the Code.

Section 101(41) includes a partnership in the definition of “person,” but a partnership is not an individual.

In re West Pointe Ltd. Partnership · filed 2001-11-27(41)

In a Chapter 7 case, the Court is to grant a debtor a discharge unless the debt- or is not an individual. 11 U.S.C. § 727(a)(1). Although a partnership is included in the term “person”, a partnership is not an individual under the Bankruptcy Code. 11 U.S.C. § 101(41). A partnership may not discharge its debts in a liquidation proceeding under Chapter 7.

Section 101(41) lists individuals and corporations as distinct kinds of persons, supporting the conclusion that a corporation is not an individual.

Spookyworld, Inc. v. Town of Berlin (In Re Spookyworld, Inc.) · filed 2003-01-23(41)

Second, the term “person” is defined to include “individual, partnership, and corporation.” 11 U.S.C. § 101(41). This is a clear implication that corporations do not fall within the discrete category of “individuals,” whatever they may be.

Section 101’s definition of “person” encompasses an LLC, which must file its own bankruptcy petition rather than join an individual member’s petition.

In Re Calhoun · filed 2004-06-24(41)

“Person” is a defined term in the Code, and includes individuals, partnerships, and corporations. 11 U.S.C. § 101(41). ... The term “entity” is defined, and includes “person.” 11 U.S.C. § 101(15). Construing the aforementioned provisions together, the Code permits any one individual, corporation, or partnership to file a voluntary petition. The Code does not include specific reference to LLCs. However, states with LLC statutes similar to Iowa’s statute hold that the LLC is sufficiently similar to the enumerated entities to come within the definition of “person” under the Code.

Section 101(41) includes partnerships in the definition of “person,” allowing a dissolved Texas limited partnership to seek liquidating Chapter 11 relief while it winds up its affairs.

In Re StatePark Building Group, Ltd. · filed 2004-06-04(41)

A “person” is defined to include an “individual, partnership, and corporation ....” 11 U.S.C. § 101(41). ... Based on existing Fifth Circuit precedent and on Texas partnership law, the Court finds that a dissolved limited partnership is eligible to seek relief under Chapter 11 when the relief sought is a liquidation.

Section 101(41) defines a person to include an individual, partnership, or corporation; a sole proprietorship is not a separate person eligible to file for bankruptcy.

In Re Christenberry · filed 2005-12-13(41)

As discussed, Ms. Christenberry does not dispute that she operated Little Pigeon Roost as a sole proprietorship. Accordingly, Little Pigeon Roost was not eligible to file for protection under Chapter 11 of the Bankruptcy Code.

Section 101(41) treats a corporation as a person separate from its shareholders.

Swartz v. Billingsley, Excel Energy Co. (In Re Billingsley) · filed 2006-03-06(41)

The Bankruptcy Code accords a corporation the status of a “person” and treats it as a separate legal entity distinct from its shareholders. 11 U.S.C. § 101(41).

Section 101(41) defines “person” to include corporations, so a corporation can qualify as a bankruptcy petition preparer.

Frankfort Digital Services, Ltd. v. Kistler (In Re Reynoso) · filed 2007-02-26(41)

The term “person” in the Bankruptcy Code includes corporations.

Section 101(41) excludes a purported “fiction” from its definition of “person.”

In Re Vitale · filed 2007-11-16(41)

A “fiction” is not a “person” pursuant to 11 U.S.C. Section 101(41) and cannot be a debtor in bankruptcy pursuant to 11 U.S.C. Section 109(a).

Section 101(41) includes partnerships and corporations in its definition of “person,” allowing either to serve as a patient care ombudsman.

In Re Renaissance Hospital-Grand Prairie, Inc. · filed 2008-12-31(41)

Section 101(41) of the Code defines "person" as including "individual, partnership and corporation." Thus a partnership or corporation could be appointed to serve as a patient care ombudsman.

Section 101(41) defines “person” to include a corporation, allowing a corporation to qualify as a person in control under Bankruptcy Rule 9001(5).

In Re Red River Energy, Inc. · filed 2009-06-26(41)

Therefore, the phrase “any other person in control” can mean any other “individual” in control, or any other “partnership” in control, or any other “corporation” in control.

Section 101(41)’s definition of “person” excludes a bankruptcy estate.

In Re Cyberco Holdings, Inc. · filed 2010-07-02(41)

Nor does the term "person” include a bankruptcy estate.

Section 101(41) defines “person” to include an individual, partnership, and corporation, but its definition does not include a trustee representing a bankruptcy estate.

In Re Sayeh · filed 2011-02-23(41)

This is clear from the Bankruptcy Code’s definition of person. “The term ‘person’ includes individual, partnership, and corporation.” 11 U.S.C. § 101(41). Person is therefore broader in scope than individual and serves as evidence that individual is confined to natural persons and does not extend to entities in general; otherwise, the definition of person would not have needed to specify that person includes partnership and corporation. However, even "person” is not broad enough in its definition to include a trustee.

Section 101(41) includes individuals, partnerships, and corporations in the definition of “person,” but excludes governmental units.

United States ex rel. Minge v. Hawker Beechcraft Corp. (In re Hawker Beechcraft Inc.) · filed 2013-07-24(41)

“Persons” and “governmental units” are mutually exclusive under the Bankruptcy Code; the term “person” includes “individual, partnership, and corporation, but does not include governmental unit.”

Section 101(41)’s definition of “person” does not include a purported “civil dead entity.”

In re Elmore · filed 2016-08-25(41)

The bankruptcy definition of “person” is not exhausted with individuals, partnerships, or corporations, but there is no authority that it includes “civil dead entities.” In sum, RONALD ALLEN WRIGHT and EUGENE ELMORE, do not meet the definition of “persons” under section 101(41), and therefore, no involuntary petitions under section 303 can be commenced against them.

Section 101(41) treats a debtor as a person who may be appointed to administer or distribute assets under section 1521.

In re Ace Track Co. · filed 2016-09-13(41)

In using the phrase “another person,” each of these subsections clearly allow for the appointment of a debtor in this capacity. See 11 U.S.C. § 101(41) (“person” includes individuals, partnerships and corporations). While Congress for some reason chose to use the undefined term “entity” in the definition of “debtor,” compare 11 U.S.C. § 1502(1) with Model Law, art. 2 (not defining debtor), the court does not see the use of this term as being material. A debtor is a person within the meaning of the Bankruptcy Code, and could act under sections 1521(a)(5) & (b).

Section 101(41) defines a person to include an individual, partnership, corporation, or, in certain circumstances, a government; it does not include that person's property.

Taberna Preferred Funding IV, Ltd. v. Opportunities II Ltd. (In re Taberna Preferred Funding IV, Ltd.) · filed 2018-11-08(41)

Section 101(41)'s definition of a "person," does not , however, include such person's property.

Section 101(41) includes a limited partnership as a person if it is a valid limited partnership under state law.

In re A & B Assocs., L.P. · filed 2018-09-26(41)

Thus, the Debtor's status as a person under § 101(41), and therefore its eligibility to file this Chapter 11 case under § 109(d), depends on whether it is a valid limited partnership under Georgia law.

Section 101 defines an entity to include a person and a person to include a corporation.

Integrated Pharm., Inc. v. Chatterjee (In re Chatterjee) · filed 2018-11-28(15), (41)

It requires injury to another "entity," a defined term that includes corporation, see 11 U.S.C. § 101(15) and (41) (in Title 11, " 'entity' includes ... person" and " 'person' includes ... corporation"), or to the property of another entity.

Section 101(41) generally excludes municipalities from the Bankruptcy Code’s definition of “person.”

Rusciano v. City of Atlantic City · filed 2020-01-08(41)

Generally, a municipality is not a “person” under 11 U.S.C. §101(41).

Section 101(41) defines a person to include an individual, partnership, or corporation, but excludes a trust unless it is a business trust.

Chadrus Lequardra Brown · filed 2020-02-14(41)

A “person” is defined to include an individual, partnership, or corporation, 11 U.S.C. § 101(41), and does not include a trust other than a business trust.

Section 101(41) includes individuals, partnerships, and corporations within the definition of “person.”

Ruthellen W. Rickerson · filed 2021-12-14(41)

The term “person” is defined in the Bankruptcy Code as including individuals, partnerships, and corporations. See 11 U.S.C. §101(41). Debtor is an individual and clearly meets that component of the definition.

Section 101(41)'s definition of “person” does not include a business entity that never legally existed.

Autopro Transportation Inc. · filed 2022-08-18(41)

If neither ever existed, then neither entity is a person and neither could have had a residence, domicile, place of business, or property in the United States.

Section 101(41) defines “person” to include individuals, partnerships, and corporations; a business entity that never existed under state law is not a person.

Le La Nails, LLC · filed 2022-08-18(41)

“The term ‘person’ includes individual, partnership, and corporation[.]” 11 U.S.C. §101(41). ... If neither ever existed, then neither entity is a person and neither could have had a residence, domicile, place of business, or property in the United States.

Section 101(41) includes an individual in the definition of “person.”

Comfort Jet Aviation, Ltd · filed 2022-10-14(41)

In turn, § 101(41) defines “person” to include an individual. The Liquidator, an individual, is a “person,” and was appointed Liquidator by vote of creditors on October 1, 2021.

Section 101(41) excludes a sole proprietorship as a separate “person” eligible to be a bankruptcy debtor.

Group Management Corp. · filed 2022-12-13(41)

Further, to the extent GMC may exist as a sole proprietorship, it would not be eligible for bankruptcy relief. “A sole proprietorship is not a ‘person’ for purposes of the Bankruptcy Code because it is neither an individual, nor a partnership, nor a ‘corporation.’” In re Know Thy Self, Inc., 2006 WL 6589908, at *3 (Bankr. N.D. Ga. Mar. 17, 2006) (citing In re Christenberry, 336 B.R. 353, 356 (Bankr.E.D.Tenn.2005); 11 U.S.C. § 101(41)).

Section 101(41) defines “person” to include a corporation.

Alvaro Flores, Jr. · filed 2023-07-14(41)

Notably, § 101(41) defines a “person” to include a corporation. ... Since the term “person” in § 110 can apply to a corporation, the Court finds that Auto Recovery Partners, LLC is a ... person, other than an attorney for the debtor or an employee of such attorney under the direct supervision of such attorney, who prepared Alvaro Flores, Jr.’s chapter 13 petition for compensation.

Section 101(41) includes corporations in its definition of “person,” which the court applied to an LLC.

Treshun Trinelle Davis · filed 2023-07-19(41)

First, the definition of “person” includes a corporation and thus Auto Recovery Partners, LLC may be a considered a “person” despite being a registered LLC.

Section 101(41) includes an individual in the definition of “person.”

Christina Fama-Chiarizia · filed 2023-09-15(41)

Bankruptcy Code Section 101(41) states that “[t]he term ‘person’ includes individual, partnership, and corporation.” ... Accordingly, the Court finds that Ms. Fama-Chiarizia satisfies the first eligibility requirement to be a Subchapter V debtor, that she is a “person.”

Section 101(41) includes individuals, partnerships, and corporations in the definition of “person.”

Joseph Fama, Jr. · filed 2023-09-15(41)

Bankruptcy Code Section 101(41) states that “[t]he term ‘person’ includes individual, partnership, and corporation.” ... Here, the record shows, and the parties do not dispute, that Mr. Fama, Jr., an individual, is a “person” within the meaning of Section 1182(1)(A).

Section 101(41) defines “person” to include an individual, partnership, and corporation.

Carol Turner · filed 2025-08-25(41)

Under 11 U.S.C. § 101(41), a “person” includes an “individual, partnership, and corporation,” and if a corporation and its employees or principals receive compensation for preparing documents, they are all BPPs.

Section 101(41) defines “person” to include individuals, partnerships, and corporations.

Marcolina Rodriguez · filed 2025-08-25(41)

Under 11 U.S.C. § 101(41), a “person” includes an “individual, partnership, and corporation,” and if a corporation and its employees or principals receive compensation for preparing documents, they are all BPPs.

Section 101(41) includes individuals, partnerships, and corporations within “person,” while treating an individual as a distinct category.

Jason Rudolph Stanford · filed 2026-04-17(41)

In defining “person” to include an “individual,” however, the Bankruptcy Code makes clear that an “individual” is something different than the other types of “persons” included within the definition of “person,” such as a partnership and corporation (which, in turn, is defined as including, among other things, an unincorporated company or association and a business trust).

Section 101(41) includes a Cayman exempted limited partnership as a person even though it lacks separate legal personality under Cayman law.

In re Apple Tree Life Sciences, Inc. · filed 2026-04-14(41)

As the Fund is a partnership, as long as it has a place of business or property in the United States, it may be a debtor under the Bankruptcy Code.

Section 101(41) includes corporations in the definition of “person.”

Farrell v. American Executive Management, Inc. (In Re North Star Management, LP) · filed 2003-10-10(41)

The definition of "person” includes "individual, partnership, and corporation.” 11 U.S.C. § 101(41).

Section 101(41) defines “person” to include individuals, partnerships, and corporations.

Harrington v. MVP Home Solutions, LLC (In re Nina) · filed 2016-12-13(41)

The term “person” includes individual, partnership and corporation. 11 U.S.C. § 101(41). ... The Defendants meet the definition of BPPs.

Section 101(33)'s definition of railroad excludes this railcar leasing company.

In Re Funding Systems Railcars, Inc. · filed 1981-12-03(33)

After a hearing, Funding Systems Railcars, Inc., the debtor, does not come within the definition of “railroad” under 11 U.S.C. § 101(33).

Section 101(38) defines a railroad by common-carrier status; a state certificate is presumptive evidence of that status, but the presumption can be overcome.

Wheeling-Pittsburgh Steel Corp. v. McCune · filed 1987-12-30(38)

However, a state certification of a railroad as a common carrier would ordinarily be presumptive evidence that the railroad is indeed a common carrier because it does not appear that the issue would be decided differently under state or federal law. When, however, the Supreme Court of the relevant state finally determines that the railroad is not a common carrier notwithstanding a certificate, the presumption ordinarily given to such state certification has been overcome.

Section 101(44) defines a railroad by its current operation as a common carrier or ownership of trackage leased by one; a former carrier does not qualify merely because it retains rail assets.

In Re: Pittsburgh & Lake Erie Properties, Inc. Thomas J. Hileman, Sr. Leonard Pasinski, Jr. v. Pittsburgh & Lake Erie Pr · filed 2002-05-14(44)

The term “railroad” is defined in 11 U.S.C. § 101(44) as a “common carrier by railroad engaged in the transportation of individuals or property or owner of trackage facilities leased by such a common carrier.” ... A chapter 11 bankruptcy “case” raised by an entity that has abandoned being engaged in transporting goods and people does not on the most natural reading of this language concern a railroad, it concerns a former railroad.

Section 101(15)(B) defines limited partners’ interests as equity securities.

In Re Barrington Oaks General Partnership · filed 1981-12-09(15)(B)

The limited partners own equity securities as defined in 11 U.S.C. Section 101(15)(B) which the legislative history equates with “interests” classifiable under 11 U.S.C. Section 1122(a).

Section 101(15)(B) defines a limited partner’s interest in a limited partnership as an equity interest.

In Re Pine Lake Village Apartment Co. · filed 1982-04-23(15)(B)

The limited partners are treated as holders of equity interests because an “equity interest” is defined in 11 U.S.C. § 101(15)(B) to mean an “interest of a limited partner in a limited partnership.”

A limited partner’s partnership interest is an equity security, making the partner an equity security holder under Section 101.

In Re Fidelity America Financial Corp. · filed 1984-09-28(15)(B), (16)

The interest of a limited partner in a partnership is included under the definition of a holder of an equity security of the debtor with the right to be heard on issues in cases under chapter 11. 11 U.S.C. §§ 101(15)(B), (16), 1109(b).

Section 101(15) excludes a general partner’s interest in a partnership from the definition of an equity security.

In Re Westgate General Partnership · filed 1985-12-02(15)

An equity security under the Code does not expressly include the interest of a general partner in a debt- or-partnership and by clear implication the inclusion in the definition of an equity security of the interest of a limited partner in a limited partnership excludes the interest of a general partner in a partnership. Thus, it appears that general partners of a debtor may not be members of an official committee of equity security holders.

A stock purchase warrant counts as an equity security during the holder’s employment by a debtor, even if the warrant is later invalidated.

In Re Daig Corporation, Debtor. Merrimac Associates, Inc. v. Daig Corporation · filed 1986-09-04(15)(C)

The fact that the warrant was later invalidated by the bankruptcy court cannot diminish its legal significance. We thus find that Mer-rimac held a valid warrant under 11 U.S.C. § 101(15)(C) throughout the period it was employed by Daig.

An interest in a farm acquired through a joint venture contract and assignment is not an equity security under § 101(15).

Bridgman v. Curry · filed 1986-10-15(15)

The assignee defendants’ interest in the farm, arising from the joint venture contract and the Currys’ assignment, was not that type of equity security nor an interest which the Curry reorganization plan was designed to protect.

A limited partner’s interest in a limited partnership is an equity security.

In re Map 1978 Drilling Partnership · filed 1989-01-30(15)(B)

Section 101(15)(B) characterizes the limited partners’ interest in the limited partnership as an equity security.

Section 101(15) classifies limited partnership interests as equity securities.

Hayes v. Palm Seedlings Partners-A (In re Agricultural Research & Technology Group, Inc.) · filed 1990-10-09(15)

Under the Bankruptcy Code, limited partnership interests are classified as “equity security.” 11 U.S.C. § 101(15). The partnership distributions here were not for value because Palms Seedlings-A made the distributions on account of the partnership interests and not on account of debt or property transferred to the partnership in exchange for the distribution.

Section 101(15) classifies limited partnership interests as equity securities.

Hayes v. Palm Seedlings Partners-A (In re Agricultural Research · filed 1990-12-05(15)

Under the Bankruptcy Code, limited partnership interests are classified as "equity security." 11 U.S.C. Sec. 101(15). The partnership distributions here were not for value because Palms Seedlings-A made the distributions on account of the partnership interests and not on account of debt or property transferred to the partnership in exchange for the distribution.

Section 101 classifies limited partners as equity security holders rather than creditors.

In Re Pinehaven Associates · filed 1991-10-30(16)(B), (17)

As limited partners, they are statutorily defined as equity security holders and not creditors. 11 U.S.C. § 101(16)(B) and § 101(17).

Section 101(16) does not classify a note as an equity security merely because it may later be converted into stock.

In Re Standard Oil & Exploration of Delaware, Inc. · filed 1992-01-24(16)

Even though a note may be later converted to stock, such right to convert itself does not transform the note into an “equity security”.

A limited partner is an equity security holder under Section 101(16)(B).

In Re Woodhaven, Ltd. · filed 1992-03-31(16)(B)

An equity security holder includes, under the Code, a limited partner. 11 U.S.C. § 101(16)(B).

A person who gives up the rights and risks of owning corporate shares is not an equity security holder merely because the shares remain in escrow under a put agreement.

In Re Motels of America, Inc. · filed 1992-08-18(16)(A)

Both these arguments fail, as they erroneously presume that Ellis is an equity security holder. An equity security holder is the holder of a share in a corporation, such as the common stock here. 11 U.S.C. § 101(16)(A). Ellis, however, is not the “holder” of these shares. The option agreement divested Ellis of all the indicia of ownership—an escrow agent holds the certificates, MOA has the voting rights, Ellis cannot sell the shares, and Ellis’ pecuniary rights under the put option are not affected by any corporate reorganizations.

Section 101 defines an equity security holder as a holder of an equity security, which includes a share in a corporation.

In Re American Motor Club, Inc. · filed 1993-01-07(16), (17)

The Bankruptcy Code defines “equity security holder” as a “holder of an equity security of the debtor.” 11 U.S.C. § 101(17). Equity security is a “share in a corporation, whether or not transferable or denominated ‘stock’, or similar security.” 11 U.S.C. § 101(16). ... Within the specific context of AMC’s reorganization, the Neus as “equity security holders” are therefore “parties in interest.”

An investment interest can qualify as an equity security even if it is not called stock.

In Re Atlantic Littleneck Clamfarms, Inc. · filed 1997-03-28(16)(A)

The Bankruptcy Code defines “equity security” to mean a “share in a corporation, whether or not transferable or denominated ‘stock’, or similar security____” ... This Court concludes that the Aquaculture Investors are equity security holders ... of the Debtor and therefore need not further address whether the Aquaculture Agreements are executory contracts or not.

Section 101(16) defines an equity security to include a corporate share or similar security, certain related rights, and a limited partner’s interest; membership without an ownership interest does not qualify.

In Re General Teamsters, Warehousemen & Helpers Union Local 890 · filed 1998-09-29(16)

An “interest” is that which is held by an “equity security holder”, pursuant to 11 U.S.C. § 501(a); an “equity security holder” is defined by 11 U.S.C. § 101(17) as the “holder of an equity security of the debtor”; an “equity security” is defined by 11 U.S.C. § 101(16) as a share in a corporation “or similar security” (or certain warrants or rights concerning the same), or the interest of a limited partner in a limited partnership (or certain warrants or rights concerning the same). ... In this case, neither Debtor’s members nor Debtor’s affiliates nor anyone else holds any interest in Debtor, as that concept is defined by the Bankruptcy Code and case law.

Section 101 defines an equity security to include a limited partner’s interest or a corporate share, and an equity security holder as a holder of the debtor’s equity security.

Apex Management Corp. v. WSR CORP. · filed 1998-08-31(16)(A)-(B), (17)

The Bankruptcy Code includes in the definition of “equity security” an “interest of a limited partner in a limited partnership” and a “share in a corporation.” 11 U.S.C. § 101(16)(A)-(B). An “equity security holder,” in turn, is a “holder of an equity security of the debtor.” Id. § 101(17). ... Cedas is likewise bound under the Bankruptcy Code’s definition of “equity security holder” because it is a shareholder of and limited partner in debt- or Apex — again, despite the fact that these interests are impaired by the Plan.

Section 101(16)(B) defines an equity security to include a limited partner’s interest in a limited partnership.

Buncher Co. v. Official Committee of Unsecured Creditors of Genfarm Ltd. Partnership IV · filed 2000-10-02(16)(B)

In scrutinizing the transfer of the Buncher Group's partnership interest, the Bankruptcy Court correctly treated the interest of a limited partnership as an equity security. Under the Bankruptcy Code, the term "equity security" includes the "interest of a limited partner in a limited partnership." 11 U.S.C. S 101(16)(B).

Section 101(16) recognizes stock options as a kind of security.

In Re Dibiase · filed 2001-11-06(16)

The Bankruptcy Code recognizes stock options as a kind of security. 11 U.S.C. § 101(16).

Section 101(16)(C) treats warrants and their repurchase rights as equity interests until the repurchase obligation matures, when the rights become claims.

In Re JOBS.COM, INC. · filed 2002-09-10(16)(C)

Because of prior precedent in this District, the Court concludes that the Warrants and the right to compel repurchase of the Warrants are equity securities in accordance with § 101(16)(C) of the Bankruptcy Code until the obligation to repurchase matured, at which time they became claims.

Section 101(16)(C) treats rights to redeem stock and demand repurchase of warrants as equity securities.

Carrieri v. Jobs.Com Inc. · filed 2004-12-07(16)(C)

Consequently, the Carrieri Group’s right to redeem its C-1 Stock was an “equity security” because it is a right to sell a “security” or a “share in a corporation.”

Section 101(17) defines an equity security holder as a holder of an equity security of the debtor; investors in a creditor do not qualify.

Krys v. Official Committee of Unsecured Creditors of Refco Inc. (In Re Refco Inc.) · filed 2007-10-05(17)

To be clear, an “equity security holder” in this context is, of course, a debtor’s equity security holder. See 11 U.S.C. § 101(17) (“The term ‘equity security holder’ means holder of an equity security of the debtor.”). This, the Investors – i.e., Sphinx’s investors – clearly cannot claim to be.

Section 101(17) defines an equity security holder as a holder of the debtor's equity security; investors in a creditor do not qualify.

Krys v. Official Committee of Unsecured Creditors of Refco Inc. · filed 2007-10-05(17)

To be clear, an "equity security holder” in this context is, of course, a debtor's equity security holder.

Section 101(16)(C) includes warrants to purchase corporate stock in the definition of an equity security.

Nantahala Capital Partners, LP v. Washington Mutual, Inc. (In re Washington Mutual, Inc.) · filed 2012-01-03(16)(C)

The Court concludes, based on all of the documents and testimony, that the LTWs are equity, not debt. The Bankruptcy Code defines “equity security” to include a “warrant or right, other than a right to convert, to purchase, sell, or subscribe to a share, security, or interest” of a “share in a corporation, whether or not transferable or denominated ‘stock,’ or similar instrument.” 11 U.S.C. § 101(16).

A restricted stock unit granting a conditional right to receive corporate stock is an equity security under section 101(16)(C).

In re Lehman Bros. Holdings Inc. · filed 2014-11-03(16)(C)

The RSUs, which provided Claimants with a nontransferable, non-assignable right to common stock in LBHI at a specified future time upon the satisfaction of certain conditions, fall squarely within the definition of “equity security” under section 101(16)(C) of the Bankruptcy Code.

Section 101(16) includes restricted stock units that resemble corporate shares or confer a future right to receive shares; its right-to-convert exclusion does not apply when conversion is automatic.

Schwartz v. Lehman Bros. Holdings Inc. (In re Lehman Bros. Holdings Inc.) · filed 2016-03-30(16)(A), (16)(C)

Accordingly, the Court finds that the RSUs constitute “equity securities]” under Section 101(16) as that term is defined in either Section 101(16)(A) or Section 101(16)(C), and that Appellants’ claims therefore should be dismissed entirely because they really reflect Appellants’ interests in “equity securities].” and as such, are not “claims” under the Bankruptcy Code.

Section 101(16)(C) excludes a right to convert from the definition of an equity security.

DeCurtis Holdings LLC · filed 2023-08-14(16)(C)

While, at first blush, this equity conversion option signals an identity of interest, section 101(16)(C) of the Bankruptcy Code states that a “right to convert” is not an “equity security.”

Section 101(5) does not treat stock ownership or a decline in share value alone as a claim against the debtor.

In Re: Nu Ride Inc. · filed 2025-09-12(5)

Holders of equity securities, such as shares of stock, do not have “claims” under section 101(5) of the Bankruptcy Code, but rather equity interests.

Section 101(13) does not treat a corporate debtor’s equity security holder as the debtor, even when that holder owns all its shares.

In re South Broadway Realty Enterprise, Inc. · filed 2026-03-18(13)

While that argument is plausible, it is not what the Plan or the Bankruptcy Code provides as the Principal, an equity security holder, is clearly not the Debtor according to § 101.

Section 101 treats a debtor partnership’s limited partners as equity holders.

Bank of America National Trust & Savings Ass'n v. 203 North LaSalle Street Partnership · filed 1999-05-03(16), (17)

The limited partners in this ease are considered the Debtor’s equity holders under the Bankruptcy Code, see 11 U. S. C. §§ 101(16), (17)» and the Debtor Partnership’s actions may be understood as taken on behalf of its holders.

Section 101 defines a deed of trust as an indenture and a trustee under it as an indenture trustee.

Spartan Brokerage Group, Inc. v. Golden Plan of California, Inc. (In re Golden Plan of California, Inc.) · filed 1982-11-30(22) and (23)

Such a trustee is an indenture trustee under the Code [11 U.S.C. 101(22) and (23)], and has recognized rights expressly detailed in Chapter 11 [11 U.S.C. §§ 1121,1109].

Section 101(26) does not treat a bondholder as an indenture trustee merely because he seeks to file claims for other bondholders.

In re Standard Metals Corp. · filed 1985-03-21(26)

Whether the National Bank of Georgia is an Indenture Trustee, as defined in 11 U.S.C. § 101(26), authorized to file a claim on behalf of any of the bondholders herein is not before me. It is clear that Sheftel-man is not such a trustee.

Section 101(28) requires an indenture to involve a security constituting a claim against the debtor, a claim secured by a lien on the debtor’s property, or an equity security of the debtor.

Sentinel Trust Corp. v. Newcare Health Corp. (In Re Newcare Health Corp.) · filed 2000-02-04(28)

Sentinel also acknowledges that the funds sought are not estate funds and that the collateral assuring payment to the bondholders is not property of this bankruptcy estate. Sentinel does not aver that it has “... a claim secured by a lien on ... an equity security of the debt- or.” 11 U.S.C. § 101(28). The allegations simply state that the Debtor manages some “Non-Filed Entities’” nursing, assisted and independent living homes or is a borrower or guarantor of these “Non-Filed Entities.” As of the date of the hearing, Sentinel was not an indenture trustee.

A foreign court’s authorization to hire someone to seek recognition can establish the appointee’s own authority to seek recognition as a foreign representative.

Aleksandr Vitalievich Sabadash · filed 2024-02-20(24)

The Russian Court’s authorization for Mr. Gavva to hire a person to seek recognition, as part of his mandate “to carry out activities to search for the debtor’s property” (id., last page, at PDF p. 41), necessarily implies the authority of Mr. Gavva himself to seek such recognition.

Section 101(24) defines a foreign representative as a person or body authorized in a foreign proceeding to administer a debtor’s reorganization or liquidation or to represent that proceeding.

Coast-to-Coast Produce, LLC v. Lakeside Produce USA, Inc. · filed 2023-12-29(24)

A foreign representative is a “person or body, including a person or body appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor's assets or affairs or to act as a representative of such foreign proceeding.” 11 U.S.C. § 101(24). ... Lakeside USA has not established that it is a “foreign representative.”

Section 101(24) includes Cayman-appointed joint provisional liquidators authorized to represent the debtors in chapter 15 proceedings within the definition of foreign representative.

In re Ocean Rig UDW Inc. · filed 2017-08-24(24)

The JPLs are each proper “foreign representatives” of the Foreign Debtors within the meaning of section 101(24).

Section 101(24) requires a foreign representative to be appointed and authorized to administer the debtor’s assets or affairs or represent the foreign proceeding; it does not require disinterestedness.

In re Poymanov · filed 2017-07-31(24)

The definition of “foreign representative” in section 101(24) requires only that the person or body seeking to be recognized as a foreign representative be appointed and authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs, or to act as a representative of such foreign proceeding. There is no requirement that such person or body satisfy a disinterested test.

Section 101(24) includes a corporation authorized in a foreign proceeding to act as its representative within the definition of a foreign representative.

In re U.S. Steel Canada Inc. · filed 2017-07-31(24)

The term “foreign representative” is defined under section 101(24) of the Bankruptcy Code as: a person or body, including a person or body appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of such foreign proceeding. 11 U.S.C. § 101(24). Under section 101(41) of the Bankruptcy Code, the term “person” includes a corporation. Here, the Canadian Court has authorized USSC, a corporation, to act as foreign representative and to apply for recognition of the CCAA Proceeding in this Court pursuant to the Authorization Order. Accordingly, USSC is qualified to be the foreign representative.

Section 101(23) requires a foreign proceeding to place a debtor’s assets and affairs under a foreign court’s control or supervision; a release of an entity’s guarantee alone does not make it a debtor in that proceeding.

In re Mood Media Corp. · filed 2017-06-28(23)

A “foreign proceeding” is defined in section 101(23) of the Bankruptcy Code as “a collective judicial or administrative proceeding in a foreign country ... under a law relating to insolvency or adjustment of debt in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation.” 11 U.S.C. § 101(23). ... But that release of the guarantee is not enough to make the U.S. companies “debtors” in the foreign case. They are not applicants in the Canadian case; they were not authorized or directed to do anything to effect a reorganization of their own liabilities; and no order was issued that exerted any control, or purported to exert any control, or contemplated any control over the assets and affairs of the U.S. companies.

Section 101(24) defines a foreign representative as a person or body authorized to administer a debtor’s reorganization or liquidation in a foreign proceeding or to represent that proceeding.

Trikona Advisers Ltd. v. Chugh · filed 2017-01-18(24)

No party to the district court proceeding is a “representative” of a “foreign proceeding,” as those terms are defined in 11 U.S.C. §§ 101(24) and (23).

Section 101(23) requires a foreign proceeding to be collective, judicial or administrative, conducted under insolvency law in a foreign country, supervised by a foreign court, and aimed at reorganization or liquidation.

Flynn v. Wallace (In re Irish Bank Resolution Corp.) · filed 2015-08-04(23)

Hence, to qualify as a foreign main proceeding, the foreign representative must establish: a (1) a proceeding, (2) that is judicial or administrative, (3) collective, (4) in a foreign country, (5) conducted under law relating to insolvency, (6) under the supervision of a foreign court, and (7) for the purpose of reorganization or liquidation.

Section 101(24) does not require a foreign representative to be authorized or appointed by the foreign bankruptcy court.

In re OAS S.A. · filed 2015-07-13(24)

Based on the foregoing, the Court concludes that the Bankruptcy Code does not require the judicial authorization or appointment of the foreign representative.

A proceeding under India’s SICA satisfies § 101(23)’s requirement that it arise under a law relating to insolvency or adjustment of debt.

Armada (Singapore) Pte Ltd. v. Shah (In re Ashapura Minechem Ltd.) · filed 2012-06-28(23)

The Bankruptcy Court asserted that SICA “on its face, constitutes a law that relates to insolvency or adjustment of debt within the meaning of [s]ection 101(23).” ... I agree. There is no doubt that SICA deals with corporate insolvency and the adjustment of corporate debts.

Section 101(24) permits a debtor authorized to manage its foreign reorganization to appoint its own foreign representative without direct approval from the foreign court.

Ad Hoc Group of Vitro Noteholders v. Vitro, S.A.B. de C.V. (In re Vitro, S.A.B. de C.V.) · filed 2012-05-01(24)

However, under the first prong of Section 101(24), those authorized “to administer the reorganization or the liquidation of the debtor’s assets or affairs” are also permitted to be a foreign representative. ... While the Noteholders maintain that there are differences between the U.S. and the Mexican conceptions of a debtor in possession, Appellant’s Brief at 21-22, the court is not persuaded that they are of sufficient magnitude to warrant the conclusion that Vitro cannot appoint its own foreign representative under the first prong of Section 101(24).

Section 101(19) covers a Bahamian court-supervised winding up as a foreign proceeding, and § 101(20) covers its liquidators as foreign representatives.

Matter of Culmer · filed 1982-12-17(19), (20)

As a preliminary matter, this Court notes that BAOL is the subject of a “foreign proceeding” within the meaning of 11 U.S.C. Section 101(19) and, therefore, is a proper subject of a 304 petition. ... Petitioners Culmer, Johnstone and Smith are the “foreign representatives” of BAOL within the meaning of 11 U.S.C. Section 101(20) and, therefore, Section 304.

Section 101(22) permits a foreign proceeding involving an insolvent decedent’s estate that qualifies for administration under foreign law, even though the estate is not a debtor under the Bankruptcy Code.

In Re Klaus Hubert Goerg, Debtor. Klaus Hubert Goerg v. Parungao · filed 1988-05-18(22)

In light of these considerations, we conclude that the debtor in a section 304 proceeding need not qualify as a “debtor” under the Code’s definition of that term. Rather, the debtor need only be properly subject, under applicable foreign law, to a proceeding commenced “for the purpose of liquidating an estate, adjusting debts by composition, extension, or discharge, or effecting a reorganization.”

Section 101(23) defines a foreign representative as a duly selected trustee, administrator, or other representative of an estate in a foreign proceeding.

In Re Koreag, Controle Et Revision S.A. · filed 1991-08-26(23)

A foreign representative is defined in section 101(23) of the Code to mean a “duly selected trustee, administrator, or other representative of an estate in a foreign proceeding.” 11 U.S.C. section 101(23). Clearly, the Petitioner is a foreign representative falling within the scope of this definition.

Section 101(23) uses “debtor” in the definition of “foreign proceeding” to refer to a debtor under foreign law, even if no case under title 11 has begun.

Petition of Brierley · filed 1992-08-04(23)

The only hurdle remaining with this analysis is that in one context the word “debtor” is used to refer to a debtor under foreign law whereas in most other contexts the same word is used to refer to a debtor under title 11.

Section 101(23) excludes a voluntary liquidation conducted without judicial or administrative oversight from the definition of a foreign proceeding.

Petition of Tam · filed 1994-08-22(23)

The Code defines a “foreign proceeding” as “[a] proceeding, whether judicial or administrative ... for the purpose of liquidating an estate, adjusting debts by composition, extension, or discharge, or effecting a reorganization.” 11 U.S.C. § 101(23). ... The liquidators are conducting the voluntary winding up without oversight from the Registrar, or any other Cayman governmental agency, instrumentality or authority. ... We find that it is not a “foreign proceeding” for purposes of § 304.

Canadian bankruptcy cases qualify as foreign proceedings, and their appointed trustee qualifies as a foreign representative.

Petition of Davis · filed 1996-02-20(23), (24)

Petitioner is eligible to seek relief herein because the pending Canadian bankruptcy cases are “foreign proceedings”, see 11 U.S.C. § 101(23), and Petitioner is a “foreign representative.” See 11 U.S.C. § 101(24).

Section 101(23) includes a Zambian voluntary winding up as a foreign proceeding where the liquidation has substantial judicial oversight and creditors can seek judicial review.

In Re Petition of Ward · filed 1996-10-10(23)

11 U.S.C. § 101(23). Because the term “proceeding” is not defined in the Bankruptcy Code, we presume that Congress intended that it be given its ordinary meaning. ... As such, we find that it is a “foreign proceeding” under § 304 of the Bankruptcy Code.

Section 101(23) does not treat a proceeding to reorganize companies as a foreign proceeding for individual debtors when it will not reorganize or liquidate their assets and debts.

In Re Xacur · filed 1997-08-22(23)

The suspension of payments currently pending in Mexico for the Xacur companies may qualify as a foreign proceeding for the Xacur companies but not for these alleged individual debtors. That proceeding will not effect a reorganization or liquidation of the assets and debts of these alleged debtors.

Section 101(24) excludes a creditor asserting its own rights from the definition of a foreign representative.

In Re William Neil Simon, Debtor. Hong Kong and Shanghai Banking Corporation, Limited v. Simon · filed 1998-08-27(24)

A creditor asserting its own rights does not qualify as a "foreign representative" entitled to make a limited appearance. 11 U.S.C. § 101(24).

Section 101(23) and (24) define a foreign proceeding and a foreign representative, respectively; a Bahamian liquidation and its appointed official liquidators qualify.

In Re Treco · filed 1999-01-22(23), (24)

Thus, MIBL’s liquidation proceeding is a “foreign proceeding” and movants are “foreign representatives”, ... under 11 U.S.C. §§ 101(23) and 101(24), respectively.

Section 101(23) covers a foreign proceeding under nonbankruptcy law if it seeks to liquidate an estate, adjust debts, or effect a reorganization.

In Re Fracmaster, Ltd. · filed 1999-08-10(23)

It is a disjunctive list, so a foreign action qualifies as a “foreign proceeding” so long as it seeks one of the purposes enumerated in § 101(23): (1) liquidating an estate; (2) adjusting debts by composition, extension, or discharge, or (3) effecting a reorganization.