1182. Definitions

In this subchapter:

(1) Debtor.—The term 'debtor'—

(A) subject to subparagraph (B), means a person engaged in commercial or business activities (including any affiliate of such person that is also a debtor under this title and excluding a person whose primary activity is the business of owning single asset real estate) that has aggregate noncontingent liquidated secured and unsecured debts as of the date of the filing of the petition or the date of the order for relief in an amount not more than $7,500,000 (excluding debts owed to 1 or more affiliates or insiders) not less than 50 percent of which arose from the commercial or business activities of the debtor; and

(B) does not include—

(i) any member of a group of affiliated debtors that has aggregate noncontingent liquidated secured and unsecured debts in an amount greater than $7,500,000 (excluding debt owed to 1 or more affiliates or insiders);

(ii) any debtor that is a corporation subject to the reporting requirements under section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)); or

(iii) any debtor that is an affiliate of an issuer, as defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c)^(*).

(2) Debtor in possession.—The term “debtor in possession” means the debtor, unless removed as debtor in possession under section 1185 (a) of this title^(**).

^(*) Retroactive Application of 2020 Amendment - Pub. L. 117-151, §2(h)(2). Amendment shall apply to any case that - (A) is commenced under title 11, USC, on or after March 27, 2020; and (B) with respect to a case that was commenced on or after March 27, 2020 and before June 21, 2022, is pending on June 21, 2022.

^(**) Sunset of 2022 Amendment - Pub. L. 117-151, §(3)(i). Effective on June 20, 2024, §1182(1) is amended to read as follows: 
(1) Debtor - The term 'debtor' means a small business debtor. 

^(**) The amendment made shall apply only with respect to cases commenced under title 11, United States Code, on or after the date of enactment of the CARES Act or 03/27/2020 P.L.116-136; §1113.