(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.
§ 493.030.Termination of Lien of Temporary Protective Order
Title 6.5. Attachment · Chapter 13. Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors · Last amended 1979 · Last verified July 28, 2026
In one sentenceSection 493.030 terminates a temporary protective order or attachment lien created within 90 days before a general assignment for the benefit of creditors or a bankruptcy filing, but only if every out-of-state attachment lien created in that same 90-day window has also already terminated.
Full Text of § 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) 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.
Plain-English Summary
Both insolvency proceedings this chapter addresses -- a general assignment for the benefit of creditors and a federal bankruptcy filing -- can wipe out a recent attachment lien. Subdivision (a) terminates a temporary protective order or attachment lien if it was created within 90 days before the general assignment. Subdivision (b) does the same for a lien created within 90 days before the filing of a voluntary or involuntary bankruptcy petition under Title 11 of the United States Code.
Subdivision (c) adds a condition that keeps California from acting alone: neither termination rule applies unless every attachment lien the defendant's property carries in other states, created within that same 90-day window, has also terminated. The idea is to coordinate California's own preference-avoidance rule with what is happening to the defendant's assets everywhere else, rather than releasing California liens while a recent, similarly timed out-of-state lien survives.
Frequently Asked Questions
Does filing bankruptcy automatically wipe out a recent attachment lien?
Yes, if the lien was created within 90 days before the bankruptcy petition was filed. Section 493.030(b) terminates a temporary protective order or attachment lien created in that window.
Does a general assignment for the benefit of creditors have the same effect?
Yes. Section 493.030(a) terminates a temporary protective order or attachment lien created within 90 days before the general assignment.
Does it matter whether the defendant has attachment liens in other states too?
Yes. Section 493.030(c) withholds termination under subdivisions (a) and (b) unless all out-of-state attachment liens created in the same 90-day window have also terminated.
Amendment History
Amended by Stats. 1979, Ch. 177.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: bankruptcy terminates attachment lien california90 day lien termination general assignment