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TITLE 31 > SUBTITLE III > CHAPTER 37 > SUBCHAPTER II > Sec. 3713. Prev | Next

Sec. 3713. - Priority of Government claims

(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

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