---
kind: "section"
citation: "28 U.S.C. § 3301"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "3301"
heading: "Definitions"
release: "119-102"
url: "https://uscodex.org/usc/28/3301"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 176 — Federal Debt Collection Procedure"
  - "Subchapter D — Fraudulent Transfers Involving Debts"
---

# §3301. Definitions


As used in this subchapter:

- (1) “Affiliate” means—
  - (A) a [person](/usc/28/3002.md?p=10) who directly [or](/usc/28/3003.md?p=a-2) indirectly owns, controls, [or](/usc/28/3003.md?p=a-2) holds with power to vote, 20 percent [or](/usc/28/3003.md?p=a-2) more of the outstanding voting securities of the [debtor](/usc/28/3002.md?p=4), other than a [person](/usc/28/3002.md?p=10) who holds the securities—
    - (i) as a fiduciary [or](/usc/28/3003.md?p=a-2) agent without sole discretionary power to vote the securities; [or](/usc/28/3003.md?p=a-2)
    - (ii) solely to secure a [debt](/usc/28/3002.md?p=3), if the [person](/usc/28/3002.md?p=10) has not exercised the power to vote;
  - (B) a corporation 20 percent [or](/usc/28/3003.md?p=a-2) more of whose outstanding voting securities are directly [or](/usc/28/3003.md?p=a-2) indirectly owned, controlled, [or](/usc/28/3003.md?p=a-2) held with power to vote, by the [debtor](/usc/28/3002.md?p=4) [or](/usc/28/3003.md?p=a-2) a [person](/usc/28/3002.md?p=10) who directly [or](/usc/28/3003.md?p=a-2) indirectly owns, controls, [or](/usc/28/3003.md?p=a-2) holds with power to vote, 20 percent [or](/usc/28/3003.md?p=a-2) more of the outstanding voting securities of the [debtor](/usc/28/3002.md?p=4), other than the [person](/usc/28/3002.md?p=10) who holds securities—
    - (i) as a fiduciary [or](/usc/28/3003.md?p=a-2) agent without sole power to vote the securities; [or](/usc/28/3003.md?p=a-2)
    - (ii) solely to secure a [debt](/usc/28/3002.md?p=3), if the [person](/usc/28/3002.md?p=10) has not in fact exercised the power to vote;
  - (C) a [person](/usc/28/3002.md?p=10) whose business is operated by the [debtor](/usc/28/3002.md?p=4) under a lease [or](/usc/28/3003.md?p=a-2) other agreement, [or](/usc/28/3003.md?p=a-2) a [person](/usc/28/3002.md?p=10) substantially all of whose [assets](#2) are controlled by the [debtor](/usc/28/3002.md?p=4); [or](/usc/28/3003.md?p=a-2)
  - (D) a [person](/usc/28/3002.md?p=10) who operates the [debtor](/usc/28/3002.md?p=4)’s business under a lease [or](/usc/28/3003.md?p=a-2) other agreement [or](/usc/28/3003.md?p=a-2) controls substantially all of the [debtor](/usc/28/3002.md?p=4)’s [assets](#2).
- (2) “Asset” means [property](/usc/28/3002.md?p=12) of a [debtor](/usc/28/3002.md?p=4), but does not include—
  - (A) [property](/usc/28/3002.md?p=12) to the extent it is encumbered by a valid lien;
  - (B) [property](/usc/28/3002.md?p=12) to the extent it is generally exempt under nonbankruptcy law; [or](/usc/28/3003.md?p=a-2)
  - (C) an interest in real [property](/usc/28/3002.md?p=12) held in tenancy by the entirety, [or](/usc/28/3003.md?p=a-2) as part of a community estate, to extent such interest is not subject to process by the [United States](/usc/28/3002.md?p=15) holding a [claim](#3) against only one tenant [or](/usc/28/3003.md?p=a-2) co-owner.
- (3) “Claim” means a right to payment, whether [or](/usc/28/3003.md?p=a-2) not the right is reduced to [judgment](/usc/28/3002.md?p=8), liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, [or](/usc/28/3003.md?p=a-2) unsecured.
- (4) “Creditor” means a [person](/usc/28/3002.md?p=10) who has a [claim](#3).
- (5) “Insider” [includes](/usc/28/3003.md?p=a-1)—
  - (A) if the [debtor](/usc/28/3002.md?p=4) is an individual—
    - (i) a relative of the [debtor](/usc/28/3002.md?p=4) [or](/usc/28/3003.md?p=a-2) of a general partner of the [debtor](/usc/28/3002.md?p=4);
    - (ii) a partnership in which the [debtor](/usc/28/3002.md?p=4) is a general partner;
    - (iii) a general partner in a partnership described in [clause (ii)](#5-A-ii); [or](/usc/28/3003.md?p=a-2)
    - (iv) a corporation of which the [debtor](/usc/28/3002.md?p=4) is a director, officer, [or](/usc/28/3003.md?p=a-2) [person](/usc/28/3002.md?p=10) in control;
  - (B) if the [debtor](/usc/28/3002.md?p=4) is a corporation—
    - (i) a director of the [debtor](/usc/28/3002.md?p=4);
    - (ii) an officer of the [debtor](/usc/28/3002.md?p=4);
    - (iii) a [person](/usc/28/3002.md?p=10) in control of the [debtor](/usc/28/3002.md?p=4);
    - (iv) a partnership in which the [debtor](/usc/28/3002.md?p=4) is a general partner;
    - (v) a general partner in a partnership described in [clause (iv)](#5-B-iv); [or](/usc/28/3003.md?p=a-2)
    - (vi) a relative of a general partner, director, officer, [or](/usc/28/3003.md?p=a-2) [person](/usc/28/3002.md?p=10) in control of the [debtor](/usc/28/3002.md?p=4);
  - (C) if the [debtor](/usc/28/3002.md?p=4) is a partnership—
    - (i) a general partner in the [debtor](/usc/28/3002.md?p=4);
    - (ii) a relative of a general partner in, a general partner of, [or](/usc/28/3003.md?p=a-2) a [person](/usc/28/3002.md?p=10) in control of the [debtor](/usc/28/3002.md?p=4);
    - (iii) another partnership in which the [debtor](/usc/28/3002.md?p=4) is a general partner;
    - (iv) a general partner in a partnership described in [clause (iii)](#5-C-iii); [or](/usc/28/3003.md?p=a-2)
    - (v) a [person](/usc/28/3002.md?p=10) in control of the [debtor](/usc/28/3002.md?p=4).[^1]
  - (D) an [affiliate](#1), [or](/usc/28/3003.md?p=a-2) an [insider](#5) of an [affiliate](#1) as if the [affiliate](#1) were the [debtor](/usc/28/3002.md?p=4); and
  - (E) a managing agent of the [debtor](/usc/28/3002.md?p=4).
- (4) [^2] “Lien” means a charge against [or](/usc/28/3003.md?p=a-2) an interest in [property](/usc/28/3002.md?p=12) to secure payment of a [debt](/usc/28/3002.md?p=3) and [includes](/usc/28/3003.md?p=a-1) a security interest created by agreement, a judicial lien obtained by legal [or](/usc/28/3003.md?p=a-2) equitable process [or](/usc/28/3003.md?p=a-2) proceedings, a common law lien, [or](/usc/28/3003.md?p=a-2) a statutory lien.
- (5) [^3] “Relative” means an individual related, by consanguinity [or](/usc/28/3003.md?p=a-2) adoption, within the third degree as determined by the common law, a spouse, [or](/usc/28/3003.md?p=a-2) an individual so related to a spouse within the third degree as so determined.
- (6) [^4] “Transfer” means every mode, direct [or](/usc/28/3003.md?p=a-2) indirect, absolute [or](/usc/28/3003.md?p=a-2) conditional, voluntary [or](/usc/28/3003.md?p=a-2) involuntary, of disposing of [or](/usc/28/3003.md?p=a-2) parting with an [asset](#2) [or](/usc/28/3003.md?p=a-2) an interest in an [asset](#2), and [includes](/usc/28/3003.md?p=a-1) payment of money, release, lease, and creation of a lien [or](/usc/28/3003.md?p=a-2) other encumbrance.
- (7) [^5] “Valid lien” means a lien that is effective against the holder of a judicial lien subsequently obtained in legal [or](/usc/28/3003.md?p=a-2) equitable proceeding.

## Footnotes

[^1]: So in original. The period probably should be a semicolon.
[^2]: So in original. Probably should be “(6)”.
[^3]: So in original. Probably should be “(7)”.
[^4]: So in original. Probably should be “(8)”.
[^5]: So in original. Probably should be “(9)”.

## Source credit

(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4959.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 180 days after Nov. 29, 1990, and applicable with respect to certain actions for debts owed the United States pending in court on that effective date, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title.