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31 U.S.C. § 3713 — Priority of Government claims

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3713 — Priority of Government claims

**(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.

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Source location: Title 31, Chapter 37, § 3713; chapter-037-claims.md

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1087–2 — Student Loan Marketing Association

**(a) Purpose** The Congress hereby declares that it is the purpose of this section (1) to establish a private corporation which will be financed by private capital and which will serve as a secondary market and warehousing facility for student loans, including loans which are insured by the Secretary under this part or by a guaranty agency, and which will provide liquidity for student loan investments; (2) in order to facilitate secured transactions involving student loans, to provide for perfection of security interests in student loans either through the taking of possession or by notice filing; and (3) to assure nationwide the establishment of adequate loan insurance programs for students, to provide for an additional program of loan insurance to be covered by agreements with the Secretary. **(b) Establishment** (1) **In general** — There is hereby created a body corporate to be known as the Student Loan Marketing Association (hereinafter referred to as the “Association”). The Association shall have succession until dissolved. It shall maintain its principal office in the District of Columbia and shall be deemed, for purposes of venue and jurisdiction in civil actions, to be a resident and citizen thereof. Offices may be established by the Association in such other place or places as it may deem necessary or appropriate for the conduct of its business. (2) **Exemption from State and local taxes** — The Association, including its franchise, capital, reserves, surplus, mortgages, or other security holdings, and income shall be exempt from all taxation now or hereafter imposed by any State, territory, possession, Commonwealth, or dependency of the United States, or by the District of Columbia, or by any county, municipality, or local taxing authority, except that an

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 3003 — Rules of construction

**(a) Terms.—** For purposes of this chapter— (1) the terms “includes” and “including” are not limiting; (2) the term “or” is not exclusive; and (3) the singular includes the plural. **(b) Effect on Rights of the United States.—** This chapter shall not be construed to curtail or limit the right of the United States under any other Federal law or any State law— (1) to collect taxes or to collect any other amount collectible in the same manner as a tax; (2) to collect any fine, penalty, assessment, restitution, or forfeiture arising in a criminal case; (3) to appoint or seek the appointment of a receiver; or (4) to enforce a security agreement. **(c) Effect on Other Laws.—** This chapter shall not be construed to supersede or modify the operation of— (1) title 11; (2) admiralty law; (3) [section 3713 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3713&num=0&edition=prelim); (4) section 303 of the Consumer Credit Protection Act ([15 U.S.C. 1673](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1673&num=0&edition=prelim)); (5) a statute of limitation applicable to a criminal proceeding; (6) the common law or statutory rights to set-off or recoupment; (7) any Federal law authorizing, or any inherent authority of a court to provide, injunctive relief; (8) the authority of a court— (A) to impose a sanction under the Federal Rules of Civil Procedure; (B) to appoint a receiver to effectuate its order; or (C) to exercise the power of contempt under any Federal law; (9) any law authorizing the United States to obtain partition, or to recover possession, of property in which the United States holds title; or (10) any provision of any other chapter of this title, except to the extent su

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1368 — Lien for liability

**(a) Creation of lien** If any person liable to the corporation under section 1362, 1363, or 1364 of this title neglects or refuses to pay, after demand, the amount of such liability (including interest), there shall be a lien in favor of the corporation in the amount of such liability (including interest) upon all property and rights to property, whether real or personal, belonging to such person, except that such lien may not be in an amount in excess of 30 percent of the collective net worth of all persons described in [section 1362(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1362/a&num=0&edition=prelim) 11 So in original. Probably should be followed by a period. **(b) Term of lien** The lien imposed by subsection (a) arises on the date of termination of a plan, and continues until the liability imposed under section 1362, 1363, or 1364 of this title is satisfied or becomes unenforceable by reason of lapse of time. **(c) Priority** (1) Except as otherwise provided under this section, the priority of a lien imposed under subsection (a) shall be determined in the same manner as under [section 6323 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section6323&num=0&edition=prelim) (as in effect on April 7, 1986). Such section 6323 shall be applied for purposes of this section by disregarding subsection (g)(4) and by substituting— (A) “lien imposed by section 4068 of the Employee Retirement Income Security Act of 1974 [[29 U.S.C. 1368](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1368&num=0&edition=prelim)]” for “lien imposed by section 6321” each place it appears in subsections (a), (b), (c)(1), (c)(4)(B), (d), (e), and (h)(5); (B) “the corporation”

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3713 — Priority of Government claims

Page 311 TITLE 31—MONEY AND FINANCE § 3713 In subsection (a), the words ‘‘civil action’’ are sub- stituted for ‘‘proceeding in any court’’, ‘‘court pro- ceeding’’, and ‘‘proceeding’’, and the word ‘‘fiscal’’ is substituted for ‘‘financial’’, for consistency in the re- vised title and with other titles of the United States Code. The words ‘‘Except as provided in this sub- section’’ are added for clarity. The words ‘‘or by an agency or official of the United States’’ are omitted as surplus. The words ‘‘the Postmaster General’’ are omit- ted because of section 4(a) of the Postal Reorganization Act (Pub. L. 91–375, 84 Stat. 773). The words ‘‘the Treas- urer and Assistant Treasurers of the United States’’ are omitted because of the source provisions restated in section 321 of the revised title and Department of the Treasury Order 229 of January 14, 1974 (39 F.R. 2280). The word ‘‘official’’ is substituted for ‘‘officers’’ for consistency in the revised title and with other titles of the Code. The words ‘‘of the United States’’, ‘‘to the Treasurer of the United States or other drawee’’, and ‘‘of such check, checks, warrant, or warrants’’ are omitted as surplus. The text of 31:129(last sentence less proviso) is omitted as unnecessary. The last sentence is substituted for 31:129(last sentence proviso) to elimi- nate unnecessary words. In subsection (b), the words ‘‘at any time’’ in 31:131 are omitted as surplus. The words ‘‘the claim is discov- ered’’ are substituted for ‘‘the United States or any agency or official of the United States who is entitled to bring the same shall discover that the United States or any agency or official of the United States had such cause of action’’ to eliminate unnecessary words. The words ‘‘who is liable to any of the acti

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