§3306 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

The United States can undo or challenge transfers or debts to collect what it is owed. It must follow section 3307, fairness principles, and federal court rules. The government can cancel a transfer enough to pay the debt, go after the transferred item or the recipient’s other property, or get other relief the case needs. Claims must be started within time limits in section 3304: some are 6 years, others 2 years.

Title 28, §3306

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)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—

(1)avoidance of the transfer or obligation to the extent necessary to satisfy the debt to the United States;

(2)a remedy under this chapter against the asset transferred or other property of the transferee; or

(3)any other relief the circumstances may require.

(b)A claim for relief with respect to a fraudulent transfer or obligation under this subchapter is extinguished unless action is brought—

(1)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;

(2)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

(3)under section 3304(a)(2) within 2 years after the transfer was made or the obligation was incurred.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 180 days after Nov. 29, 1990, and applicable with respect to certain actions for debts owed the United States pending in court on that

Effective Date

, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title.

§3306 Remedies of the United States

Summary

Title 28, §3306

Notes & Related Subsidiaries

Editorial Notes

References in Text

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata