28 U.S.C. § 3306 — Remedies of the United States
submitted 36 years ago by Pub. L. 101-647 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 190 words · no verdicts yet
In an action under this subchapter, the United States may avoid a transfer or obligation as needed to satisfy a debt, pursue a remedy against transferred property, or obtain other needed relief. Claims are extinguished if the required action is not brought within the specified period.
(a) In general. In an action or proceeding under this subchapter seeking relief against a transfer or obligation, the United States may, subject to section 3307, applicable equity principles, and the Federal Rules of Civil Procedure: (1) avoid the transfer or obligation to the extent needed to satisfy the debt to the United States; (2) obtain a remedy under this chapter against the transferred asset or other property of the transferee; or (3) obtain any other relief the circumstances require.
(b) Limitation. A claim concerning a fraudulent transfer or obligation is extinguished unless the action is brought: (1) under section 3304(b)(1)(A), within 6 years after the transfer or obligation, or, if later, within 2 years after the claimant discovered or reasonably could have discovered it; (2) under section 3304(a)(1) or (b)(1)(B), within 6 years after the transfer or obligation; or (3) under section 3304(a)(2), within 2 years after the transfer or obligation.
In an action or proceeding under this subchapter for relief against a transfer or obligation, the United States, subject to section 3307 and to applicable principles of equity and in accordance with the Federal Rules of Civil Procedure, may obtain—
avoidance of the transfer or obligation to the extent necessary to satisfy the debt to the United States;
a remedy under this chapter against the asset transferred or other property of the transferee; or
any other relief the circumstances may require.
A claim for relief with respect to a fraudulent transfer or obligation under this subchapter is extinguished unless action is brought—
under section 3304(b)(1)(A) within 6 years after the transfer was made or the obligation was incurred or, if later, within 2 years after the transfer or obligation was or could reasonably have been discovered by the claimant;
under subsection (a)(1) or (b)(1)(B) of section 3304 within 6 years after the transfer was made or the obligation was incurred; or
under section 3304(a)(2) within 2 years after the transfer was made or the obligation was incurred.
Source credit: (Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4963.)
- 1990Enacted · Pub. L. 101-647 · 104 Stat. 4963
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-647 on 1990-11-29.
all 0 arguments · sorted by: best
no arguments yet — make the first case