
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC3007]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
             CHAPTER 176--FEDERAL DEBT COLLECTION PROCEDURE
 
            SUBCHAPTER A--DEFINITIONS AND GENERAL PROVISIONS
 
Sec. 3007. Perishable personal property

    (a) Authority To Sell.--If at any time during any action or 
proceeding under this chapter the court determines on its own initiative 
or upon motion of any party, that any seized or detained personal 
property is likely to perish, waste, or be destroyed, or otherwise 
substantially depreciate in value during the pendency of the proceeding, 
the court shall order a commercially reasonable sale of such property.
    (b) Deposit of Sale Proceeds.--Within 5 days after such sale, the 
proceeds shall be deposited with the clerk of the court, accompanied by 
a statement in writing and signed by the United States marshal, to be 
filed in the action or proceeding, stating the time and place of sale, 
the name of the purchaser, the amount received, and an itemized account 
of expenses.
    (c) Presumption.--For purposes of liability on the part of the 
United States, there shall be a presumption that the price paid at a 
sale under subsection (a) is the fair market value of the property or 
portion.

(Added Pub. L. 101-647, title XXXVI, Sec. 3611, Nov. 29, 1990, 104 Stat. 
4937.)

                  Section Referred to in Other Sections

    This section is referred to in sections 3102, 3103 of this title.
