28 U.S.C. § 3301

Definitions

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As used in this subchapter:(1) “Affiliate” means—(A) a person who directly or indirectly owns, controls, or holds with power to vote, 20 percent 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 20 percent 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 power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than the person who holds 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.(2) “Asset” means property of a debtor, but 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 real property held in tenancy by the entirety, or as part of a community estate, to extent such interest is not subject to process by the United States holding a claim against only one tenant or co-owner.(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.(5) “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 clause (ii); or(iv) a corporation of which the debtor is a director, officer, or person in control;(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 clause (iv); 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, 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 clause (iii); or(v) a person in control of the debtor.11 So in original. The period probably should be a semicolon.(D) an affiliate, or an insider of an affiliate as if the affiliate were the debtor; and(E) a managing agent of the debtor.(4) 22 So in original. Probably should be “(6)”. “Lien” means a charge against or an interest in property to secure payment of a debt 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.(5) 33 So in original. Probably should be “(7)”. “Relative” means an individual related, by consanguinity or adoption, within the third degree as determined by the common law, a spouse, or an individual so related to a spouse within the third degree as so determined.(6) 44 So in original. Probably should be “(8)”. “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.(7) 55 So in original. Probably should be “(9)”. “Valid lien” means a lien that is effective against the holder of a judicial lien subsequently obtained in legal or equitable proceeding.(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4959.)Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 58 cases (14 in the last 5 years), 1992–2025 · leading case: United States v. Moore, 156 F. Supp. 2d 238 (D. Conn. 2001).

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United States v. Moore, 156 F. Supp. 2d 238 (D. Conn. 2001). · cites it 6× “The United States of America (“the Government”), brings this action under the Federal Debt Collections Procedures Act (“FDCPA”), 28 U.S.C. § 3301 , et seq., in connection with a restitution order entered in a previous criminal case against the pro se defendant Gary Moore.”

United States v. Schippers, 982 F. Supp. 2d 948 (S.D. Iowa 2013). · cites it 4× “” 28 U.S.C. § 3301 (8). The definition of an “insider” includes “a relative of the debtor,” such as a spouse or family member.”

United States v. Sherrill, 626 F. Supp. 2d 1267 (M.D. Ga. 2009). · cites it 3× “” 28 U.S.C. § 3301 (5)(A)(i). Marion’s transfers of the Stock Gap and Tanners Bridge properties to his wife clearly qualify as transfers to an insider.”

Tronox Inc. v. Anadarko Petroleum Corp. (In re Tronox Inc.), 549 B.R. 21 (S.D.N.Y. 2016). “A few weeks later, the United States filed a complaint-in-intervention, asserting claims under the Federal Debt Collection Procedures Act, 28 U.S.C. §§ 3301 et seq. Anadarko, 2014 WL 5825308 , at *2.”

Kipperman v. Onex Corp., 411 B.R. 805 (N.D. Ga. 2009). “IN SUM Plaintiff may proceed with its constructive fraudulent transfer claims under the Management Agreement, its Preference Claims (Count XVII), its claims for Alter Ego (Count XIII) and Lender Liability (Count XVI), and its claims under 28 U.”

U.S. Commodity Futures Trading Comm'r v. Robert Escobio, 946 F.3d 1242 (11th Cir. 2020). “28 U.S.C. §§ 3301–3308. It was reversible error for the District Court to hold Escobio in contempt for failure to pay the money judgment.”

CFPB v. Townstone Fin., Inc., 107 F.4th 768 (7th Cir. 2024). “§ 5536 (a)(1)(A); and one count of fraudulent transfer, in violation of 28 U.S.C. §§ 3301–3308. Townstone and Mr.”

Vieira v. Gaither (In re Gaither), 595 B.R. 201 (Bankr. D.S.C. 2018). “28 USC § 3301 et seq. These sections of the FDCPA are based on the Uniform Fraudulent Transfers Act, 7A Pt.”

United States v. Jo Anna Bame, 721 F.3d 1025 (8th Cir. 2013). “44, and the Federal Debt Collection Procedure Act, 28 U.S.C. § 3301 et seq. Counts II and III of the complaint sought recovery under the equitable theories of money had and received, and unjust enrichment.”

Leonard v. Coolidge (In Re Nat'l Audit Def. Network), 367 B.R. 207 (Bankr. D. Nev. 2007). “”) Given the status of the Internal Revenue Service as a creditor, the Trustee could also have sought to set aside the transfers under 28 U.S.C. § 3301 , et seq., which permits avoidance of a transfer fraudulent against the United States for up to six years, id.”

Green Atlas Shipping SA v. United States, 306 F. Supp. 2d 974 (D. Or. 2003). · cites it 3× “§ 3713 , fraudulent transfers, including violation of the fraudulent transfer provisions of the Federal Debt Collection Procedures Act, 28 U.S.C. § 3301 et seq., and imposition of a constructive trust.”

United States Small Bus. Admin. v. Bensal, 853 F.3d 992 (9th Cir. 2017). “” 28 U.S.C. § 3301 (6) (emphasis added). “ ‘Asset’ means property of a debtor.”

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