11 U.S.C. § 902 - Definitions for this chapter

• Cite as: 11 U.S.C. § 902

In this chapter-

(1) "property of the estate", when used in a section that is made applicable in a case under this chapter by section 103(e) ¹ or 901 of this title, means property of the debtor;

(2) "special revenues" means-

(A) receipts derived from the ownership, operation, or disposition of projects or systems of the debtor that are primarily used or intended to be used primarily to provide transportation, utility, or other services, including the proceeds of borrowings to finance the projects or systems;

(B) special excise taxes imposed on particular activities or transactions;

(C) incremental tax receipts from the benefited area in the case of tax-increment financing;

(D) other revenues or receipts derived from particular functions of the debtor, whether or not the debtor has other functions; or

(E) taxes specifically levied to finance one or more projects or systems, excluding receipts from general property, sales, or income taxes (other than tax-increment financing) levied to finance the general purposes of the debtor;

(3) "special tax payer" means record owner or holder of legal or equitable title to real property against which a special assessment or special tax has been levied the proceeds of which are the sole source of payment of an obligation issued by the debtor to defray the cost of an improvement relating to such real property;

(4) "special tax payer affected by the plan" means special tax payer with respect to whose real property the plan proposes to increase the proportion of special assessments or special taxes referred to in paragraph (2) of this section assessed against such real property; and

(5) "trustee", when used in a section that is made applicable in a case under this chapter by section 103(e) ¹ or 901 of this title, means debtor, except as provided in section 926 of this title.

¹ See References in Text note below.

Cite as 11 U.S.C. § 902

Source: Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2622; Pub. L. 98-353, title III, §491, July 10, 1984, 98 Stat. 383; Pub. L. 100-597, §4, Nov. 3, 1988, 102 Stat. 3028.

current through 10/12/2021

HISTORICAL AND REVISION NOTES

LEGISLATIVE STATEMENTS

Section 902(2) of the Senate amendment is deleted since the bankruptcy court will have jurisdiction over all cases under chapter 9. The concept of a claim being materially and adversely affected reflected in section 902(1) of the Senate amendment has been deleted and replaced with the new concept of "impairment" set forth in section 1124 of the House amendment and incorporated by reference into chapter 9.