- (a) In this part the following words have the meanings indicated.
- (b) “Creditor” means a person with a claim against a provider.
- (c) “Delinquency proceeding” means a proceeding under this subtitle to liquidate, rehabilitate, reorganize, or conserve a provider.
(d) “General assets” means:
- (1) all property that is not specifically mortgaged, pledged, deposited, or otherwise encumbered for the security or benefit of specified persons or a limited class of persons;
- (2) to the extent that property of a provider is specifically encumbered, the amount of the property or its proceeds that exceeds the amount necessary to discharge the encumbrance; and
- (3) assets held in trust and assets held on deposit for the security or benefit of all subscribers and creditors in the United States.
- (e) “Receiver” includes a conservator, rehabilitator, and liquidator.
(f)
(1) “Secured claim” means a claim that:
- (i) is secured by mortgage, trust deed, pledge, deposit as security, escrow, or otherwise; or
- (ii) has become a lien on specific assets through judicial process.
- (2) “Secured claim” does not include a special deposit claim or a claim against general assets.
(g)
- (1) “Special deposit claim” means a claim secured by a deposit required by law for the security or benefit of a limited class of persons.
- (2) “Special deposit claim” does not include a claim against general assets.
(h) “Transfer” means:
- (1) the sale or other direct or indirect disposition of property or an interest in property;
- (2) the fixing of a lien on property or an interest in property; or
- (3) the retention of a security title to property delivered to a debtor.
Added by Acts 2007, c. 3, § 2, eff. Oct. 1, 2007.