Section § 493.010

Explanation

This section of the law defines what a 'general assignment for the benefit of creditors' means. Basically, it's when someone gives all their transferable assets to pay off their creditors, but it has to follow a few rules. First, all assets not protected from debt collection should be included. Second, it should benefit all creditors equally. Lastly, it shouldn't favor any specific creditor over others unless there's a pre-existing reason to do so.

As used in this chapter, “general assignment for the benefit of creditors” means an assignment which satisfies all of the following requirements:
(a)CA Civil Procedure Code § 493.010(a) The assignment is an assignment of all the defendant’s assets that are transferable and not exempt from enforcement of a money judgment.
(b)CA Civil Procedure Code § 493.010(b) The assignment is for the benefit of all the defendant’s creditors.
(c)CA Civil Procedure Code § 493.010(c) The assignment does not itself create a preference of one creditor or class of creditors over any other creditor or class of creditors, but the assignment may recognize the existence of preferences to which creditors are otherwise entitled.

Section § 493.020

Explanation

The law allows a defendant who owes money to officially transfer their assets to a trustee so that these assets can be used to pay off their creditors.

Notwithstanding any other provision of this title, the defendant may make a general assignment for the benefit of creditors.

Section § 493.030

Explanation

This law says that if someone makes a general assignment to benefit creditors, or files for bankruptcy, any temporary protective liens or attachments on their property will end if they were put in place within 90 days before these events. However, this rule only applies if all similar liens on the person's property in other states from that same 90-day period have also ended.

(a)CA Civil Procedure Code § 493.030(a) The making of a general assignment for the benefit of creditors terminates a lien of a temporary protective order or of attachment if the lien was created within 90 days prior to the making of the general assignment.
(b)CA Civil Procedure Code § 493.030(b) The filing of a petition commencing a voluntary or involuntary case under Title 11 of the United States Code (Bankruptcy) terminates a lien of a temporary protective order or of attachment if the lien was created within 90 days prior to the filing of the petition.
(c)CA Civil Procedure Code § 493.030(c) Subdivisions (a) and (b) do not apply unless all liens of attachment on the defendant’s property in other states that were created within 90 days prior to the making of a general assignment for the benefit of creditors or the filing of a petition commencing a case under Title 11 of the United States Code (Bankruptcy) have terminated.

Section § 493.040

Explanation

This law section explains how certain parties can request the release of property that was previously seized (attached) when a lien of attachment ends. The parties include an assignee for the benefit of creditors, a trustee in bankruptcy, or the debtor in possession. They need to file a request for release under oath with the levying officer, including specific documents. If immediate release is needed, they must provide an insurance guarantee. The officer must notify the plaintiff and release the attachment unless a court orders otherwise. The officer and others involved aren't held responsible for the property's release if it's done according to this section.

(a)CA Civil Procedure Code § 493.040(a) Where a lien of attachment terminates pursuant to Section 493.030, the assignee under a general assignment for the benefit of creditors or, in the case of a bankruptcy, the trustee, interim trustee, or the debtor in possession if there is no trustee or interim trustee, may secure the release of the attached property by filing with the levying officer a request for release of attachment stating the grounds for release and describing the property to be released, executed under oath, together with a copy thereof.
(b)CA Civil Procedure Code § 493.040(b) In the case of an assignee, the request shall include two copies of the general assignment for the benefit of creditors.
(c)CA Civil Procedure Code § 493.040(c) In the case of a trustee, interim trustee, or debtor in possession, the request shall include a certified copy of the petition in bankruptcy, together with a copy thereof.
(d)CA Civil Procedure Code § 493.040(d) If immediate release of the attachment is sought, the request shall be accompanied by an undertaking to pay the plaintiff any damages resulting from an improper release of the attachment, in the amount to be secured by the attachment, executed by an admitted surety insurer.
(e)CA Civil Procedure Code § 493.040(e) Within five days after the filing of the request for release of attachment, the levying officer shall mail to the plaintiff:
(1)CA Civil Procedure Code § 493.040(e)(1) A copy of the request for release of the attachment, including the copy of the document filed pursuant to subdivision (b) or (c).
(2)CA Civil Procedure Code § 493.040(e)(2) If an undertaking has not been given, a notice that the attachment will be released pursuant to the request for release of attachment unless otherwise ordered by a court within 10 days after the date of mailing the notice.
(3)CA Civil Procedure Code § 493.040(e)(3) If an undertaking has been given, a notice that the attachment has been released.
(f)CA Civil Procedure Code § 493.040(f) Unless otherwise ordered by a court, if an undertaking has not been given, the levying officer shall release the attachment pursuant to the request for release of attachment after the expiration of 10 days from the date of mailing the papers referred to in subdivision (e) to the plaintiff. If an undertaking has been given, the levying officer shall immediately release the attachment pursuant to the request for release of attachment.
(g)CA Civil Procedure Code § 493.040(g) Where the attached property has been taken into custody, it shall be released to the person making the request for release of attachment or some other person designated in the request. Where the attached property has not been taken into custody, it shall be released as provided in subdivision (c) or (d) of Section 488.730.
(h)CA Civil Procedure Code § 493.040(h) The levying officer is not liable for releasing an attachment in accordance with this section nor is any other person liable for acting in conformity with the release.

Section § 493.050

Explanation

This law explains that if a lien from a temporary protective order or attachment ends due to some legal proceedings, there are scenarios where that lien can be revived as if it never ended. Specifically, this happens when the lien ends because of a general assignment for creditors, which is then reversed, or if a bankruptcy case is either dismissed or involves abandonment of property by the trustee. Additionally, the time while the lien was inactive due to these proceedings isn't counted towards its active duration.

(a)CA Civil Procedure Code § 493.050(a) The lien of a temporary protective order or of attachment, which has terminated pursuant to Section 493.030, is reinstated with the same effect as if it had not been terminated in the following cases:
(1)CA Civil Procedure Code § 493.050(a)(1) Where the termination is the result of the making of a general assignment for the benefit of creditors and the general assignment for the benefit of creditors is set aside otherwise than by the filing of a petition commencing a case under Title 11 of the United States Code (Bankruptcy).
(2)CA Civil Procedure Code § 493.050(a)(2) Where the termination is the result of the filing of a petition commencing a case under Title 11 of the United States Code (Bankruptcy) and the petition is dismissed.
(3)CA Civil Procedure Code § 493.050(a)(3) Where the termination is the result of the filing of a petition commencing a case under Title 11 of the United States Code (Bankruptcy) and the trustee abandons property which had been subject to the lien of the temporary protective order or of attachment.
(b)CA Civil Procedure Code § 493.050(b) The period from the making of a general assignment for the benefit of creditors until reinstatement of the lien of the temporary protective order or of attachment is not counted in determining the duration of the temporary protective order or the lien of attachment.

Section § 493.060

Explanation

If someone makes a general assignment to pay off their debts, this law says the assignee (the person taking over the debtor's responsibilities) steps into the shoes of the person who had a temporary protective order or attachment on the debtor's assets. Basically, they get to use the rights the original creditor had. Similarly, if a bankruptcy petition is filed, any liens that are ended by this law are kept intact for the benefit of the bankruptcy estate, which means the overall pool of money available to all creditors in the bankruptcy process.

(a)CA Civil Procedure Code § 493.060(a) Upon the making of a general assignment for the benefit of creditors that terminates a lien under this chapter, the assignee is subrogated to the rights of the plaintiff under the temporary protective order or attachment.
(b)CA Civil Procedure Code § 493.060(b) Upon the filing of a petition commencing a case under Title 11 of the United States Code (Bankruptcy), a lien terminated pursuant to this chapter is preserved for the benefit of the estate.