As used in ORS 95.200 to 95.310:
(1) “Affiliate” means any of the following:
(a) A person who directly or indirectly owns, controls or holds with power to vote 20 or more percent of the outstanding voting securities of the debtor, other than a person who holds the securities:
(A) As a fiduciary or agent without sole discretionary power to vote the securities; or
(B) Solely to secure a debt, if the person has not in fact exercised the power to vote.
(b) A corporation, 20 or more percent of whose outstanding voting securities are directly or indirectly owned, controlled or held with power to vote by the debtor or by a person who directly or indirectly owns, controls or holds with power to vote 20 or more percent of the outstanding voting securities of the debtor, other than a person who holds the securities:
(A) As a fiduciary or agent without sole discretionary power to vote the securities; or
(B) 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.
(d) A person who operates the debtor’s business under a lease or other agreement or controls substantially all of the debtor’s assets.
(2) “Asset” means property of a debtor but does not include:
(a) Property to the extent that it is encumbered by a valid lien;
(b) Property to the extent that it is generally exempt under nonbankruptcy law; or
(c) An interest in property held in tenancy by the entirety to the extent that it is not subject to process by a creditor holding a claim against only one tenant.
(3) “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.
(4) “Creditor” means a person who has a claim against a debtor.
(5) “Debt” means liability on a claim.
(6) “Debtor” means a person against whom a creditor has a claim.
(7) An “insider” includes:
(a) If the debtor is an individual:
(A) A relative of the debtor or of a general partner of the debtor;
(B) A partnership in which the debtor is a general partner;
(C) A general partner in a partnership described in subparagraph (B) of this paragraph; or
(D) A corporation of which the debtor is a director, officer or person in control.
(b) If the debtor is a corporation:
(A) A director of the debtor;
(B) An officer of the debtor;
(C) A person in control of the debtor;
(D) A partnership in which the debtor is a general partner;
(E) A general partner in a partnership described in subparagraph (D) of this paragraph; or
(F) A relative of a general partner, director, officer or person in control of the debtor.
(c) If the debtor is a partnership:
(A) A general partner in the debtor;
(B) A relative of a general partner in a debtor, of a general partner of a debtor, or of a person in control of the debtor;
(C) Another partnership in which the debtor is a general partner;
(D) A general partner in a partnership described in subparagraph (C) of this paragraph; or
(E) A person in control of the debtor.
(d) An affiliate or an insider of an affiliate as if the affiliate were the debtor; and
(e) A managing agent of the debtor.
(8) “Lien” means a charge against or an interest in property to secure payment of a debt or performance of an obligation, including 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.
(9) “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.
(10) “Property” means anything that may be the subject of ownership.
(11) “Relative” means an individual related 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.
(12) “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 a payment of money, a release, a lease and the creation of a lien or encumbrance.
(13) “Valid lien” means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. [1985 c.664 §1]
Section: Previous 95.040 95.050 95.060 95.070 95.080 95.090 95.100 95.200 95.210 95.220 95.230 95.240 95.250 95.260 95.270 NextLast modified: August 7, 2008