(a)As used in this act:
(i)"Affiliate" means:
(A)A person who directly or indirectly owns,
controls, or holds with power to vote, twenty percent (20%) or
more of the outstanding voting securities of the debtor, other
than a person who holds the securities:
(I)As a fiduciary or agent without sole
discretionary power to vote the securities; or
(II)Solely to secure a debt, if the person
has not exercised the power to vote.
(B)A corporation twenty percent (20%) or more
of whose outstanding voting securities are directly or
indirectly owned, controlled, or held with power to vote, by the
debtor or a person who directly or indirectly owns, controls, or
holds with the power to vote, twenty percent (20%) or more of
the outstanding voting securities of the debtor, other than a
person who hold
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(a) As used in this act:
(i) "Affiliate" means:
(A) A person who directly or indirectly owns,
controls, or holds with power to vote, twenty percent (20%) or
more of the outstanding voting securities of the debtor, other
than a person who holds the securities:
(I) As a fiduciary or agent without sole
discretionary power to vote the securities; or
(II) Solely to secure a debt, if the person
has not exercised the power to vote.
(B) A corporation twenty percent (20%) or more
of whose outstanding voting securities are directly or
indirectly owned, controlled, or held with power to vote, by the
debtor or a person who directly or indirectly owns, controls, or
holds with the power to vote, twenty percent (20%) or more of
the outstanding voting securities of the debtor, other than a
person who holds the securities:
(I) As a fiduciary or agent without sole
power to vote the securities; or
(II) Solely to secure a debt, if the person
has not in fact exercised the power to vote.
(C) A person whose business is operated by the
debtor under a lease or other agreement, or a person
substantially all of whose assets are controlled by the debtor;
or
(D) A person who operates the debtor's business
under a lease or other agreement or controls substantially all
of the debtor's assets.
(ii) "Asset" means property of a debtor, but the term
does not include:
(A) Property to the extent it is encumbered by a
valid lien;
(B) Property to the extent it is generally
exempt under nonbankruptcy law; or
(C) An interest in property held in tenancy by
the entireties to the extent it is not subject to process by a
creditor holding a claim against only one (1) tenant.
(iii) "Claim" means a right to payment, whether or
not the right is reduced to judgment, liquidated, unliquidated,
fixed, contingent, matured, unmatured, disputed, undisputed,
legal, equitable, secured or unsecured;
(iv) "Creditor" means a person who has a claim;
(v) "Debt" means liability on a claim;
(vi) "Debtor" means a person who is liable on a
claim;
(vii) "Insider" includes:
(A) If the debtor is an individual:
(I) A relative of the debtor or of a
general partner of the debtor;
(II) A partnership in which the debtor is a
general partner;
(III) A general partner in a partnership
described in subdivision (A)(II) of this paragraph;
(IV) A corporation of which the debtor is a
director, officer or person in control;
(V) An incorporated business organization,
other than a partnership, in which the debtor is a member,
partner, manager or other participant, when the debtor's
participation includes the right to conduct the business of the
organization or the debtor controls the organization; or
(VI) An individual, as described in
subdivision (A)(I) of this paragraph, who participates in an
unincorporated business organization, other than a partnership,
and who has the right to conduct the business of the
organization or who controls the organization.
(B) If the debtor is a corporation:
(I) A director of the debtor;
(II) An officer of the debtor;
(III) A person in control of the debtor;
(IV) A partnership in which the debtor is a
general partner;
(V) A general partner in a partnership
described in subdivision (A)(IV) of this paragraph; or
(VI) A relative of a general partner,
director, officer or person in control of the debtor.
(C) If the debtor is a partnership:
(I) A general partner in the debtor;
(II) A relative of a general partner in or
a general partner of, or a person in control of the debtor;
(III) Another partnership in which the
debtor is a general partner;
(IV) A general partner in a partnership
described in subdivision (C)(III) of this paragraph; or
(V) A person in control of the debtor.
(D) An affiliate, or an insider of an affiliate
as if the affiliate were the debtor;
(E) A managing agent of the debtor; and
(F) If the debtor is an unincorporated business
organization other than a partnership:
(I) A member, partner, manager or
participant who has the right to conduct business of the
organization;
(II) A person who controls the
organization; or
(III) A relative of a person described in
subdivision (F)(I) and (F)(II).
(viii) "Lien" means a charge against or an interest
in property to secure payment of a debt or performance of an
obligation, and includes a security interest created by
agreement, a judicial lien obtained by legal or equitable
process or proceedings, a common-law lien or a statutory lien;
(ix) "Person" means an individual, partnership,
corporation, association, organization, government or
governmental subdivision or agency, business trust, estate,
trust, or any other legal or commercial entity;
(x) "Property" means anything that may be the subject
of ownership;
(xi) "Relative" means an individual related by
consanguinity within the third degree as determined by the
common law, a spouse, or an individual related to a spouse
within the third degree as so determined, and includes an
individual in an adoptive relationship within the third degree;
(xii) "Transfer" means every mode, direct or
indirect, absolute or conditional, voluntary or involuntary, of
disposing of or parting with an asset or an interest in an
asset, and includes payment of money, release, lease and
creation of a lien or other encumbrance;
(xiii) "Valid lien" means a lien that is effective
against the holder of a judicial lien subsequently obtained by
legal or equitable process or proceedings.