Page:United States Statutes at Large Volume 104 Part 6.djvu/565

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PUBLIC LAW 101-647—NOV. 29, 1990 104 STAT. 4955 time, the marshal shall schedule and notice a subsequent sale of the property as provided in paragraphs (1) and (2). (4) RIGHTS AND LIABILITIES OF PURCHASERS.— "(A) TRANSFER OF TITLE AFTER SALE.— "(i) If property is sold under this subsection and the successful bidder complies with the terms of the sale, the United States marshal shall execute and deliver all documents necessary to transfer to the successful bidder, without warranty, all the rights, titles, interests, and claims of the judgment debtor in the property. "(ii) If the successful bidder dies before execution and delivery of the documents needed to transfer ownership, the United States marshal shall execute and deliver them to the successful bidder's estate. Such delivery to the estate shall have the same effect as if accomplished during the lifetime of the purchaser. "(B) PURCHASER CONSIDERED INNOCENT PURCHASER WITH- OUT NOTICE.— The purchaser of property sold under execution shall be deemed to be an innocent purchgiser without notice if the purchaser would have been considered an innocent purchaser without notice had the sale been made voluntarily and in person by the judgment debtor. "(C) LIABILITY OF SUCCESSFUL BIDDER WHO FAILS TO COM- PLY.—A successful bidder at an execution sale who fails to comply with the terms of the sale shall forfeit to the United States the cash deposit or, at the election of the United States, shall be liable to the United States, on a subsequent sale of the property, for all net losses incurred by the United States as a result of such failure. " (h) DISPOSITION OF PROCEEDS; FURTHER LEVY.— "(1) DISTRIBUTION OF SALE PROCEEDS. —(A) The United States marshal shall first deliver to the judgment debtor such amounts to which the judgment debtor is entitled from the sale of partially exempt property. "(B) The United States marshal shall next deduct from the proceeds of an execution sale of property an amount equal to the reasonable expenses incurred in making the levy of execution and in keeping and maintaining the property. "(C) Except as provided in subparagraph (D), the United States marshal shall deliver the balance of the proceeds to the counsel for the United States as soon as practicable. "(D) If more proceeds are received from the execution sale than is necessary to satisfy the executions held by the United States marshal, the marshal shall pay the surplus to the judgment debtor. "(2) FURTHER LEVY IF EXECUTION NOT SATISFIED.— I f the proceeds of the execution sale of the property levied on are insufficient to satisfy the execution, the United States marshal shall proceed on the same writ of execution to levy other property of the judgment debtor. "§ 3204. Installment payment order "(a) AUTHORITY TO ISSUE ORDER. —Subject to subsection (c), if it is shown that the judgment debtor—