28 U.S.C. § 3015

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 3015 - Discovery as to debtor's financial condition

(a) IN GENERAL.-Except as provided in subsection (b), in an action or proceeding under subchapter B or C, the United States may have discovery regarding the financial condition of the debtor in the manner in which discovery is authorized by the Federal Rules of Civil Procedure in an action on a claim for a debt.

(b) LIMITATION.-Subsection (a) shall not apply with respect to an action or proceeding under subchapter B unless there is a reasonable likelihood that the debt involved exceeds $50,000.

28 U.S.C. § 3015

Added Pub. L. 101-647, §3611, 104 Stat. 4939.

EDITORIAL NOTES

REFERENCES IN TEXTThe 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 DATESection 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.

Court: "Court" means any court created by the Congress of the United States, excluding the United States Tax Court.
Debt: "Debt" means-(A) an amount that is owing to the United States on account of a direct loan, or loan insured or guaranteed, by the United States; or(B) an amount that is owing to the United States on account of a fee, duty, lease, rent, service, sale of real or personal property, overpayment, fine, assessment, penalty, restitution, damages, interest, tax, bail bond forfeiture, reimbursement, recovery of a cost incurred by the United States, or other source of indebtedness to the United States, but that is not owing under the terms of a contract originally entered into by only persons other than the United States;and includes any amount owing to the United States for the benefit of an Indian tribe or individual Indian, but excludes any amount to which the United States is entitled under section 3011(a).
Debtor: "Debtor" means a person who is liable for a debt or against whom there is a claim for a debt.
United States: "United States" means-(A) a Federal corporation;(B) an agency, department, commission, board, or other entity of the United States; or(C) an instrumentality of the United States.