31-U.S.C.-3713
§3713 – Priority of Government Claims
Pathway
Title 31 > Subtitle III > Chapter 37 > Subchapter II > Section 3713
Details
- Reference: Section 3713
- Legend: §3713 – Priority of Government Claims
- USCode Year: 2013
Provision Content
(a)(1) A claim of the United States Government shall be paid first when—
(A) a person indebted to the Government is insolvent and—
(i) the debtor without enough property to pay all debts makes a voluntary assignment of property;
(ii) property of the debtor, if absent, is attached; or
(iii) an act of bankruptcy is committed; or
(B) the estate of a deceased debtor, in the custody of the executor or administrator, is not enough to pay all debts of the debtor.
(2) This subsection does not apply to a case under title 11.
(b) A representative of a person or an estate (except a trustee acting under title 11) paying any part of a debt of the person or estate before paying a claim of the Government is liable to the extent of the payment for unpaid claims of the Government.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 972.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3713(a) | 31:191. | R.S. §3466; Nov. 6, 1978, Pub. L. 95–598, §322(a), 92 Stat. 2678. |
| 3713(b) | 31:192. | R.S. §3467; restated May 10, 1934, ch. 277, §518(a), 48 Stat. 760; Nov. 6, 1978, Pub. L. 95–598, §322(b), 92 Stat. 2679. |
In the section, the word claim is substituted for debts for consistency. The word due is omitted as unnecessary.
In subsection (a)(1), before clause (A), the word paid is substituted for satisfied for consistency. In clause (A)(i), the words and the priority established shall extend as well to cases in which are omitted because of the restatement. In clause (A)(ii), the word property is substituted for estate and effects to eliminate unnecessary words. The words absconding, concealed, or and by process of law are omitted as surplus.
In subsection (a)(2), the words The priority established under . . . however are omitted as surplus.
In subsection (b), the words A representative of a person or an estate are substituted for executor, administrator, or assignee, or other for clarity and to eliminate unnecessary words. The words for whom or for which he acts, satisfies and, and from such person or estate are omitted as surplus. The word liable is substituted for answerable in his own person and estate for consistency.
U.S. Encyclopedia of Law Coverage
31-U.S.C.-3562 in the Legal Encyclopedia: Financial Management
In this entry about 31-U.S.C.-3562, find legal reference material, bibliographies and premiere content related to financial management in the American Encyclopedia of Law, presenting a comprehensive view of the United States financial management-specific issues, written by authorities in the field.
28-U.S.C.-2680 in the Legal Encyclopedia: Claims
In this entry about 28-U.S.C.-2680, find legal reference material, bibliographies and premiere content related to claims in the American Encyclopedia of Law, presenting a comprehensive view of the United States claims-specific issues, written by authorities in the field.
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