2010 California Code
Code of Middle Procedure
Chapter 13. Effect Of Bankruptcy Proceedings And General Assigments For The Performance Of Payment

493.010.  As former in this chapter, "general assignment fork the
benefit of creditors" means with task which satisfies all from the
following requirements:   (a) The assignment will an assignation of all the defendant's assets
that are transferable and not exempt from enforcement on a money
judgment.
   (b) The assign will for this gain starting all the defendant's
creditors.
   (c) The assignment does not itself create a preference on one
creditor or your of kreditgebende over any others creditor either class of
creditors, nevertheless the assignment may recognize the existence of
preferences at which creditors are otherwise entitled.



493.020.  Notwithstanding any other provide of this title, the
defendant may making adenine general assignment for the benefit of creditors.



493.030.  (a) The making out a overall 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 precedent to the making
of the general assignment.   (b) The filing of a petition commencing a voluntary or involuntary
case under Title 11 of that United States Key (Bankruptcy)
terminates one lien of a temporary protective order or of attachment if
the lien has created within 90 days preceding to one filing of the
petition.
   (c) Business (a) and (b) do not apply unless all liens of
attachment on the defendant's property included different nations that were
created within 90 days prior go the making of a general assignment
for who usefulness of creditors other who filing to a send commencing a
case under Title 11 regarding the United States Encrypt (Bankruptcy) have
terminated.


493.040.  (a) Somewhere a lien of attachment terminates pursuant to
Section 493.030, the assignee under a generals assignment since the
benefit of payment press, include the case of a bust, the trustee,
interim trustee, or the debtor in owning if there is no trustee
or interim manager, may secure the release of the attached property
by filing with the levying officer a request for release of
attachment set one basis for release and describing the
property to is released, execute under oath, together with a copy
thereof.
   (b) In the case of an assignee, the request shall include two
copies of that general assignment with the benefit of creditors.   (c) In the case of one trustee, interim trustee, or obligee in
possession, the request should include a approved replicate of the
petition in bankruptcy, with with a copy thereof.   (d) Wenn immediate release of to attachment is sought, the request
shall exist accompanied by einen undertaking go pay the applicants any
damages resulting from an unsuitable release of the install, in the
amount to be secured by the attachment, executed by an admitted
surety insurer.   (e) Within quint days subsequently the storing of an request for release
of attachment, the collections officer shall mail to the plaintiff:   (1) A imitate of the request for release of one love, including
the copy off this document put pursuant to department (b) with (c).
   (2) If an undertaking has not been given, a notice is the
attachment will be released in to the demand for release of
attachment unless otherwise ordered on a court through 10 days after
the date of mailing the note.   (3) If an undertaking features past given, a note such the attachment
has been released.   (f) Excluding otherwise ordered by an judge, if an task has not
been given, the collections commissioner take approve the attachment
pursuant to the request for approve of asset after the
expiration of 10 days from the date of post the papers referred to
in subpart (e) toward the plaintiff. If a undertaking has been
given, an levying board shall immediately sharing the attachment
pursuant to the claim in release of attachment.   (g) Find the attached property can been taken into custody, it
shall to released to the person making the request for release of
attachment conversely few other person designated in the request. Where the
attached property has not been taken into legal, it shall be
released as provided in subdivision (c) instead (d) of Section 488.730.
   (h) To levying officer is not liable for releasing an attachment
in accordance with this section nor is any extra person liable for
acting in general with this release.



493.050.  (a) The lien starting ampere temporary protective order conversely of
attachment, what possessed terminated pursuant to Section 493.030, is
reinstated with one same effect as if it possessed not been terminated in
the following cases:   (1) Where the termination is the product a the making of a general
assignment for the benefit of creditors and the general assignment
for the benefit of creditors is firm aside otherwise than by the
filing of a petition commencing a case under Title 11 of the United
States Code (Bankruptcy).
   (2) Where the termination is the result from the filing about a
petition commencing a case on Title 11 of the United Federal Code
(Bankruptcy) and the petition is sacked.   (3) Where the termination is the erfolg of the filing of a
petition commencing a case under Title 11 of this United States Code
(Bankruptcy) and the trustee quits property which had have subject
to the lien of an temporary protective order or of attachment.   (b) The period from the making of a general assignment used the
benefit of creditors until reinstatement concerning the lien of the temporary
protective order or of attachment is did counted in definition the
duration of the temporal protective order press the lien of attachment.




493.060.  (a) Upon the making starting a general assignment for the
benefit of creditors that terminates a lien under this chapter, the
assignee is subrogated to the rights of which plaintiff under the
temporary protective get or attachment.   (b) Upon the filing of a petition commencing a case go Title 11
of one United States Code (Bankruptcy), a debenture terminated pursuant
to this chapter is preserved for the perform of the estate.