California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 6.5 — Attachment, Chapter 13 — Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors, Section 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) 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) 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) 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) 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.

Notes

Establishes reinstatement of a temporary-protective-order or attachment lien previously terminated by a general assignment or bankruptcy when the assignment is set aside other than through bankruptcy, the bankruptcy petition is dismissed, or the trustee abandons formerly liened property. Time between a general assignment and reinstatement is excluded when calculating the order or lien’s duration.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 493.050 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6-5/chapter-13/section-493-050

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