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<section article="gcl" article_name="Commercial Law" number="15-101" title_number="15" title_name="Debt Collection -- Special Provisions" subtitle_number="1" subtitle_name="Preferences and Priorities in Insolvency; Assignment for Benefit of Creditors">
  <level label="a">
    <level label="1">
      <text>For purposes of this section the following words, as used in federal bankruptcy laws, have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“The case” means the assignment for the benefit of creditors proceeding or the receivership proceeding, whichever is applicable;</text>
    </level>
    <level label="3">
      <text>“Commencement of the case” means commencement of the assignment for the benefit of creditors proceeding or receivership proceeding;</text>
    </level>
    <level label="4">
      <text>“The court” means the court in which the assignment for the benefit of creditors proceeding or receivership proceeding is filed;</text>
    </level>
    <level label="5">
      <text>“Date of the filing of the petition” means the date of the commencement of the assignment for the benefit of creditors proceeding or receivership proceeding;</text>
    </level>
    <level label="6">
      <text>“Debtor” means the insolvent as that term is defined in subsection (b) of this section;</text>
    </level>
    <level label="7">
      <level label="i">
        <text>“The estate” means the estate that is created when an assignee for the benefit of creditors or a receiver of the assets of an insolvent is appointed;</text>
      </level>
      <level label="ii">
        <text>“The estate” includes all property, assets, interests, and rights with respect to which the assignee or receiver is acting as a fiduciary;</text>
      </level>
    </level>
    <level label="8">
      <text>“Order for relief” means the order appointing the assignee for the benefit of creditors or the receiver of the assets of an insolvent;</text>
    </level>
    <level label="9">
      <text>“Petition” means the pleading filed to commence the assignment for the benefit of creditors proceeding or receivership proceeding;</text>
    </level>
    <level label="10">
      <text>“Trustee” means the assignee for the benefit of creditors or receiver of the assets of an insolvent; and</text>
    </level>
    <level label="11">
      <text>Other words, including “insolvent” and “insider”, when used in federal bankruptcy law shall have the meanings set forth in the definition section of the federal bankruptcy law or as interpreted by the federal courts applying federal bankruptcy law.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Insolvent” means the assignor in an assignment for the benefit of creditors proceeding or the insolvent with respect to whose affairs a receiver has been appointed.</text>
    </level>
    <level label="3">
      <text>“Judicial lien” means a lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.</text>
    </level>
  </level>
  <level label="c">
    <text>Any assignee for the benefit of creditors or receiver of the assets of an insolvent shall be vested with full title to all the property and assets of the insolvent and with full power to enforce obligations or liabilities in favor of the insolvent.</text>
  </level>
  <level label="d">
    <text>All preferences, payments, transfers, and obligations made or suffered by the insolvent which are fraudulent, void, or voidable under any act of the Congress of the United States relating to bankruptcy are fraudulent, void, or voidable, respectively, under this subtitle to the same extent that they would be fraudulent, void, or voidable under applicable federal bankruptcy law.</text>
  </level>
  <level label="e">
    <text>Any assignee for the benefit of creditors or receiver of the assets of an insolvent may set aside any:</text>
    <level label="1">
      <text>Fraudulent conveyance as defined in Subtitle 2 of this title; and</text>
    </level>
    <level label="2">
      <text>Preference, payment, transfer, or obligation that is fraudulent, void, or voidable under subsection (d) of this section.</text>
    </level>
  </level>
  <level label="f">
    <text>Any assignee for the benefit of creditors or receiver of the assets of an insolvent has, as of the date of the commencement of the proceeding, the rights:</text>
    <level label="1">
      <text>Of a creditor that extends credit to the insolvent at the time of the commencement of the proceeding and that obtains, at such time and with respect to such credit, a judicial lien on all property on which a creditor on a simple contract could have obtained such a judicial lien, whether or not such a creditor exists;</text>
    </level>
    <level label="2">
      <text>Of a creditor that extends credit to the insolvent at the time of the commencement of the proceeding and obtains, at such time and with respect to such credit, an execution against the insolvent that is returned unsatisfied at such time, whether or not such a creditor exists;</text>
    </level>
    <level label="3">
      <text>Of a bona fide purchaser of real property, other than fixtures, from the insolvent, against whom applicable law permits such transfer to be perfected, that obtains the status of a bona fide purchaser and has perfected such transfer at the time of the commencement of the proceeding, whether or not such a purchaser exists; and</text>
    </level>
    <level label="4">
      <text>To avoid any preference, payment, transfer, or obligation that is fraudulent, void, or voidable under subsection (d) of this section.</text>
    </level>
  </level>
</section>
