Title 31, Money and FinanceRelease 119-102

§3713 Priority of Government Claims

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

Last updated Aug 21, 2026|Official source

Summary

The United States must be paid first when someone who owes the Government cannot pay all their debts and either gives up property on purpose, has property seized, or an act of bankruptcy happens. The same rule applies if a dead person’s estate does not have enough to pay all debts. This does not apply to a case under title 11. If a person’s representative (except a trustee under title 11) pays other creditors before paying the Government, that representative must cover unpaid Government claims up to the amount they paid.

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 31, Money and Finance

Last Updated

Aug 21, 2026

Release point: 119-102