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31 U.S.C. § 3713 — Priority of Government claims

submitted 44 years ago by Pub. L. 97-258 to r/title-31-MONEY-AND-FINANCE · 143 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section gives claims of the United States priority over other debts in specified insolvency and estate situations. It also makes certain representatives liable when they pay other debts first.

(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.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 972.)

history & why it existsrecord from the source credit
  • 1982Enacted · Pub. L. 97-258 · 96 Stat. 972

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-258 on 1982-09-13.

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