§ 101. Definitions

Pub. L. 111–327, § 1, Dec. 22, 2010, 124 Stat. 3557, provided that: “This Act [amending this section, sections 103, 105 to 107, 109 to 111, 303, 308, 348, 362, 363, 505, 507, 521 to 524, 526, 527, 541, 554, 704, 707, 723, 724, 726, 901, 1104, 1106, 1111, 1112, 1127, 1129, 1141, 1145, 1202, 1302, 1304, 1307, 1308, 1322, 1325, 1511, 1519, 1521, and 1529 of this title, section 157 of Title 18, Crimes and Criminal Procedure, sections 158, 159, and 586 of Title 28, Judiciary and Judicial Procedure, and provisions set out as a note under section 507 of this title] may be cited as the ‘Bankruptcy Technical Corrections Act of 2010’.”

Short Title of 2009 Amendment

Pub. L. 111–16, § 1, May 7, 2009, 123 Stat. 1607, provided that: “This Act [amending sections 109, 322, 332, 342, 521, 704, 749, and 764 of this title, sections 983, 1514, 1963, 2252A, 2339B, 3060, 3432, 3509, and 3771 of Title 18, Crimes and Criminal Procedure, section 7 of the Classified Information Procedures Act set out in the Appendix to Title 18, section 853 of Title 21, Food and Drugs, and sections 636, 1453, and 2107 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as a note under section 109 of this title] may be cited as the ‘Statutory Time-Periods Technical Amendments Act of 2009’.”

Short Title of 2008 Amendment

Pub. L. 110–438, § 1, Oct. 20, 2008, 122 Stat. 5000, provided that: “This Act [amending section 707 of this title and enacting provisions set out as a note under section 707 of this title] may be cited as the ‘National Guard and Reservists Debt Relief Act of 2008’.”

Short Title of 2006 Amendment

Pub. L. 109–439, § 1, Dec. 20, 2006, 120 Stat. 3285, provided that: “This Act [amending section 1325 of this title] may be cited as the ‘Religious Liberty and Charitable Donation Clarification Act of 2006’.”

Pub. L. 109–390, § 1, Dec. 12, 2006, 120 Stat. 2692, provided that: “This Act [amending this section, sections 362, 546, and 741 of this title, sections 1787, 1821, 4403, and 4404 of Title 12, Banks and Banking, and section 78eee of Title 15, Commerce and Trade, and enacting provisions set out as notes under this section] may be cited as the ‘Financial Netting Improvements Act of 2006’.”

Short Title of 2005 Amendment

Pub. L. 109–8, § 1(a), Apr. 20, 2005, 119 Stat. 23, provided that: “This Act [see Tables for classification] may be cited as the ‘Bankruptcy Abuse Prevention and Consumer Protection Act of 2005’.”

Pub. L. 109–8, title III, § 332(a), Apr. 20, 2005, 119 Stat. 103, provided that: “This section [amending section 303 of this title and section 157 of Title 18, Crimes and Criminal Procedure] may be cited as the ‘Involuntary Bankruptcy Improvement Act of 2005’.”

Short Title of 2004 Amendment

Pub. L. 108–369, § 1, Oct. 25, 2004, 118 Stat. 1749, provided that: “This Act [amending sections 1201 to 1208 and 1221 to 1231 of this title and enacting and amending provisions set out as notes under section 1201 of this title] may be cited as the ‘Family Farmer Bankruptcy Relief Act of 2004’.”

Short Title of 2003 Amendment

Pub. L. 108–73, § 1, Aug. 15, 2003, 117 Stat. 891, provided that: “This Act [amending sections 1201 to 1208 and 1221 to 1231 of this title and enacting and amending provisions set out as notes under section 1201 of this title] may be cited as the ‘Family Farmer Bankruptcy Relief Act of 2003’.”

Short Title of 2002 Amendment

Pub. L. 107–377, § 1, Dec. 19, 2002, 116 Stat. 3115, provided that: “This Act [amending sections 1201 to 1208 and 1221 to 1231 of this title, and enacting and amending provisions set out as notes under section 1201 of this title] may be cited as the ‘Protection of Family Farmers Act of 2002’.”

Short Title of 1998 Amendment

Pub. L. 105–183, § 1, June 19, 1998, 112 Stat. 517, provided that: “This Act [amending sections 544, 546, 548, 707, and 1325 of this title and enacting provisions set out as notes under section 544 of this title] may be cited as the ‘Religious Liberty and Charitable Donation Protection Act of 1998’.”

Short Title of 1994 Amendment

Pub. L. 103–394, § 1(a), Oct. 22, 1994, 108 Stat. 4106, provided that: “This Act [see Tables for classification] may be cited as the ‘Bankruptcy Reform Act of 1994’.”

Short Title of 1990 Amendment

Pub. L. 101–581, § 1, Nov. 15, 1990, 104 Stat. 2865, and Pub. L. 101–647, title XXXI, § 3101, Nov. 29, 1990, 104 Stat. 4916, provided respectively that such Act and such title [amending sections 523 and 1328 of this title and enacting provisions set out as a note under section 523 of this title] may be cited as the “Criminal Victims Protection Act of 1990”.

Short Title of 1988 Amendment

Pub. L. 100–334, § 1, June 16, 1988, 102 Stat. 610, provided that: “This Act [enacting section 1114 of this title, amending section 1129 of this title, enacting provisions set out as a note under section 1114 of this title, and amending and repealing provisions set out as notes under section 1106 of this title] may be cited as the ‘Retiree Benefits Bankruptcy Protection Act of 1988’.”

Short Title of 1984 Amendment

Pub. L. 98–353, title III, § 361, July 10, 1984, 98 Stat. 361, provided that: “This subtitle [subtitle C (§§ 361–363) of title III of Pub. L. 98–353, amending sections 362, 365, and 541 of this title] may be cited as the ‘Leasehold Management Bankruptcy Amendments Act of 1983’.”

Savings Provision

Pub. L. 109–8, title IX, § 912, as added Pub. L. 109–390, § 5(d), Dec. 12, 2006, 120 Stat. 2698, provided that: “The meanings of terms used in this title [see Tables for classification] are applicable for the purposes of this title only, and shall not be construed or applied so as to challenge or affect the characterization, definition, or treatment of any similar terms under any other statute, regulation, or rule, including the Gramm-Leach-Bliley Act [Pub. L. 106–102, see Short Title of 1999 Amendment note set out under section 1811 of Title 12, Banks and Banking], the Legal Certainty for Bank Products Act of 2000 [7 U.S.C. 27 to 27f], the securities laws (as such term is defined in section 3(a)(47) of the Securities Exchange Act of 1934 [15 U.S.C. 78c(a)(47)]), and the Commodity Exchange Act [7 U.S.C. 1 et seq.].”

Separability

Pub. L. 103–394, title VII, § 701, Oct. 22, 1994, 108 Stat. 4150, provided that: “If any provision of this Act [see Tables for classification] or amendment made by this Act or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remaining provisions of and amendments made by this Act and the application of such other provisions and amendments to any person or circumstance shall not be affected thereby.”

Pub. L. 98–353, title III, § 551, July 10, 1984, 98 Stat. 391, provided that: “If any provision of this title [title III (§§ 301–553) of Pub. L. 98–353, see Tables for classification] or any amendment made by this title, or the application thereof to any person or circumstance is held invalid, the provisions of every other part, and their application shall not be affected thereby.”

Construction

Pub. L. 109–8, title X, § 1007(e), Apr. 20, 2005, 119 Stat. 188, provided that: “Nothing in this section [amending this section and sections 109, 1203, and 1206 of this title] shall change, affect, or amend the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.).”

Pub. L. 109–8, title XI, § 1101(c), Apr. 20, 2005, 119 Stat. 189, provided that: “The amendments made by subsection (a) of this section [amending this section] shall not affect the interpretation of section 109(b) of title 11, United States Code.”

Nonlimitation of Information

Pub. L. 109–8, title I, § 102(e), Apr. 20, 2005, 119 Stat. 33, provided that: “Nothing in this title [see Tables for classification] shall limit the ability of a creditor to provide information to a judge (except for information communicated ex parte, unless otherwise permitted by applicable law), United States trustee (or bankruptcy administrator, if any), or trustee.”

Judicial Education

Pub. L. 109–8, title XII, § 1226, Apr. 20, 2005, 119 Stat. 199, provided that: “The Director of the Federal Judicial Center, in consultation with the Director of the Executive Office for United States Trustees, shall develop materials and conduct such training as may be useful to courts in implementing this Act [see Short Title of 2005 Amendment note above] and the amendments made by this Act, including the requirements relating to the means test under section 707(b), and reaffirmation agreements under section 524, of title 11 of the United States Code, as amended by this Act.”

Court Rules and Judicial Documents

Adjustment of Dollar Amounts

The dollar amounts specified in this section were adjusted by notices of the Judicial Conference of the United States pursuant to section 104 of this title as follows:

By notice dated Jan. 30, 2025, 90 F.R. 8941, effective Apr. 1, 2025, in par. (3), dollar amount “226,850” was adjusted to “256,800”; in par. (18), dollar amount “11,097,350” was adjusted to “12,562,250” each time it appeared; in par. (19A), dollar amount “2,268,550” was adjusted to “2,568,000” each time it appeared; and, in par. (51D), dollar amount “3,024,725” was adjusted to “3,424,000” each time it appeared. See notice of the Judicial Conference of the United States set out as a note under section 104 of this title.

By notice dated Jan. 31, 2022, 87 F.R. 6625, effective Apr. 1, 2022, in par. (3), dollar amount “204,425” was adjusted to “226,850”; in par. (18), dollar amount “10,000,000” was adjusted to “11,097,350” each time it appeared; in par. (19A), dollar amount “2,044,225” was adjusted to “2,268,550” each time it appeared; and, in par. (51D), dollar amount “2,725,625” was adjusted to “3,024,725” each time it appeared.

By notice dated Feb. 5, 2019, 84 F.R. 3488, effective Apr. 1, 2019, in par. (3), dollar amount “192,450” was adjusted to “204,425”; in par. (18), dollar amount “4,153,150” was adjusted to “4,411,400” each time it appeared; in par. (19A), dollar amount “1,924,550” was adjusted to “2,044,225” each time it appeared; and, in par. (51D), dollar amount “2,566,050” was adjusted to “2,725,625” each time it appeared.

By notice dated Feb. 16, 2016, 81 F.R. 8748, effective Apr. 1, 2016, in par. (3), dollar amount “186,825” was adjusted to “192,450”; in par. (18), dollar amount “4,031,575” was adjusted to “4,153,150” each time it appeared; in par. (19A), dollar amount “1,868,200” was adjusted to “1,924,550” each time it appeared; and, in par. (51D), dollar amount “2,490,925” was adjusted to “2,566,050” each time it appeared.

By notice dated Feb. 12, 2013, 78 F.R. 12089, effective Apr. 1, 2013, in par. (3), dollar amount “175,750” was adjusted to “186,825”; in par. (18), dollar amount “3,792,650” was adjusted to “4,031,575” each time it appeared; in par. (19A), dollar amount “1,757,475” was adjusted to “1,868,200” each time it appeared; and, in par. (51D), dollar amount “2,343,300” was adjusted to “2,490,925” each time it appeared.

By notice dated Feb. 19, 2010, 75 F.R. 8747, effective Apr. 1, 2010, in par. (3), dollar amount “164,250” was adjusted to “175,750”; in par. (18)(A), (B)(ii), dollar amount “3,544,525” was adjusted to “3,792,650” each time it appeared; in par. (19A)(A)(i), (B)(ii)(II), dollar amount “1,642,500” was adjusted to “1,757,475” each time it appeared; and, in par. (51D)(A), (B), dollar amount “2,190,000” was adjusted to “2,343,300” each time it appeared.

By notice dated Feb. 7, 2007, 72 F.R. 7082, effective Apr. 1, 2007, in par. (3), dollar amount “150,000” was adjusted to “164,250”; in par. (18), dollar amount “3,237,000” was adjusted to “3,544,525” each time it appeared; in par. (19A), dollar amount “1,500,000” was adjusted to “1,642,500” each time it appeared; and, in par. (51D), dollar amount “2,000,000” was adjusted to “2,190,000” each time it appeared. In par. (18), Pub. L. 116–51 subsequently substituted “10,000,000” for “3,237,000” both places it appeared, see 2019 Amendment note above.