Title 31Money and FinanceRelease 119-73

§3713 Priority of Government claims

Title 31 › Subtitle SUBTITLE III— - FINANCIAL MANAGEMENT › Chapter CHAPTER 37— - CLAIMS › Subchapter SUBCHAPTER II— - CLAIMS OF THE UNITED STATES GOVERNMENT › § 3713

Last updated Apr 6, 2026|Official source

Summary

The federal government must be paid first when someone who owes it can’t pay all their debts and either gives up property to pay debts, has property seized, commits an act of bankruptcy, or a deceased person’s estate is too small to pay all debts. This does not apply under title 11. A person handling someone’s affairs or an estate (except a trustee under title 11) who pays other creditors before paying the government is responsible, up to the amount they paid, for any unpaid government claims.

Full Legal Text

Title 31, §3713

Money and Finance — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

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. 95–598, § 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. 95–598, § 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.

Reference

Citations & Metadata

Citation

31 U.S.C. § 3713

Title 31Money and Finance

Last Updated

Apr 6, 2026

Release point: 119-73