Hwang Bankruptcy Case – Who is a “holder” of a note entitled to enforce it – California Commercial Code Section 3301

The following code section is provided to help assist in deciphering the Hwang motion from relief of automatic stay in bankruptcy case in California:

3301.  "Person entitled to enforce" an instrument means

(a) the holder of the instrument,
(b) a nonholder in possession of the instrument who has the rights of a holder,

or

(c) a person not in possession of the instrument who is entitled to enforce the
instrument pursuant to Section 3309 or subdivision (d) of Section
3418. A person may be a person entitled to enforce the instrument
even though the person is not the owner of the instrument or is in
wrongful possession of the instrument.