Affiliate

One type of “insider,” whose transactions with a debtor are subject to heightened scrutiny by the bankruptcy courts. Affiliates of a debtor include:

  • Persons and entities owning 20 percent or more of the ownership interests in the debtor.
  • Entities 20 percent or more of whose voting securities are directly or indirectly controlled by the debtor.
  • Persons or entities that operate their businesses under leases or operating agreements with the debtor.
  • Persons or entities that operate all or substantially all of the debtor’s property under a lease or operating agreement.

Bankruptcy Code § 101(2). See also Equitable Subordination, Forum Shopping, Insider, One-Impaired-Class-Must-Accept-The-Plan Rule.

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