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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 31 U.S.C. § 3713 Priority of Government claims us united_states_code code_section 31 MONEY AND FINANCE 37 CLAIMS 3713 31 U.S.C. § 3713 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc31@119-100.zip /us/usc/t31/s3713 data/legal/raw/us/code/title-31/usc31.xml dd81e7dab41d3917bab2923431527015858588f5d685aef2dc332d6230b79c2e 94d3fba324cbbc12277242f872f8f47cff5250dbcdc0057fe857212764e4b704 dc3755ea1246527ae97c15e54df2d6214ffa868d302ebea1e20388781974d0fd 2026-07-04 official
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31 U.S.C. § 3713 - Priority of Government claims

Text

(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. 97258, Sept. 13, 1982, 96 Stat. 972.)

Notes

Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 3713(a)31:191.R.S. § 3466; Nov. 6, 1978, Pub. L. 95598, § 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. 95598, § 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.