Section 30. Definitions  


Latest version.
  • As  used  in this article, unless the context or
      subject matter requires otherwise:
        (a) "Liquidation proceeding" includes all assignments for the  benefit
      of   creditors,  whether  voluntary  or  by  operation  of  law;  equity
      receiverships where the subject under receivership is insolvent; and any
      other proceedings for distribution of assets of  any  insolvent  debtor,
      whether  a  person,  partnership,  corporation  or  business association
      except proceedings under article seventy-four of the insurance  law  and
      article thirteen of the banking law.
        (b)   "Liquidator"  means  any  person  administering  assets  in  any
      liquidation proceedings.
        (c)  "Insolvent  debtor"  means  any  insolvent  person,  partnership,
      corporation   or   business   association   involved  in  a  liquidation
      proceeding.
        (d) "Secured creditor" means  a  creditor  who  has  either  legal  or
      equitable  security  for  his  debt  upon  any property of the insolvent
      debtor of a nature to be liquidated and  distributed  in  a  liquidation
      proceeding, or a creditor to whom is owed a debt for which such security
      is  possessed  by  some  endorser,  surety,  or other person secondarily
      liable.
        (e) "Creditor's sale"  includes  any  sale  effected  by  the  secured
      creditor  by  judicial  process  or  otherwise  under  the  terms of his
      contract or the applicable law for the purpose  of  realizing  upon  his
      security.