Page:United States Statutes at Large Volume 104 Part 6.djvu/554

 104 STAT. 4944 PUBLIC LAW 101-647—NOV. 29, 1990 motion to the court for a reduction of the amount of the attachment or its dissolution. Notice of such motion shall be served on the United States. "(2) The court shall order a part of the property to be released, if after a hearing the court finds that the amount of the attachment is excessive or unreasonable or if the attachment is for an amount larger than the sum of the liquidated or ascertainable amount of the debt and the amount of interest and costs likely to be taxed. "(3) The court shall dissolve the attachment if the amount of the debt is unliquidated and unascertainable by calculation. "(4) If any property claimed to be exempt is levied on, the debtor may, at any time after such levy, request that the court vacate such levy. If it appears to the court that the property so levied upon is exempt, the court shall order the levy vacated and the property returned to the debtor. " (h) REPLEVIN OF ATTACHED PROPERTY BY DEBTOR; BOND. — If attached property is not sold before judgment, the debtor may replevy such property or any part thereof by giving a bond approved by counsel for the United States or the court and payable to the United States in double the reasonable value of the property to be replevied or double the value of the claim, whichever is less. "(i) PRESERVATION OF PERSONAL PROPERTY UNDER ATTACHMENT. — If personal property in custody of the United States marshal under a writ of attachment is not replevied, claimed, or sold, the court may make such order for its preservation or use as appears to be in the interest of the parties, " (j) JUDGMENT AND DISPOSITION OF ATTACHED PROPERTY. — "(1) JUDGMENT FOR THE UNITED STATES.— On entry of judgment for the United States, the court shall order the proceeds of personal property sold pursuant to section 3007 to be applied to the satisfaction of the judgment, and shall order the sale of any remaining personal property and any real property levied on to the extent necessary to satisfy the judgment. "(2) JUDGMENT FOR THE UNITED STATES WHEN PERSONAL PROP- ERTY REPLEVIED. —With respect to personal property under attachment that is replevied, the judgment which may be entered shall be against the debtor against whom the writ of attachment is issued and also against the sureties on the debtor's replevin bond for the value of the property. "(3) RESTORATION OF PROPERTY AND EXONERATION OF REPLEVIN BOND. —If the attachment is vacated or if the judgment on the claim for the debt is for the person against whom the writ attachment is issued, the court shall order the property, or proceeds of perishable property sold under section 3007, restored to the debtor and shall exonerate any replevin bond. "§ 3103. Receivership "(a) APPOINTMENT OF A RECEIVER. —I f the requirements of section 3101 are satisfied, a court may appoint a receiver for property in which the debtor has a substantial nonexempt interest if the United States shows reasonable cause to believe that there is a substantial danger that the property will be removed from the jurisdiction of the court, lost, concealed, materially injured or damaged, or mismanaged. "0>) POWERS OF RECEIVER. —(1) The appointing court may authorize a receiver—

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