(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.
§ 493.060.Subrogation to Rights of Plaintiff; Preservation of Lien For Benefit of Estate
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 493.060 subrogates the assignee to the plaintiff's rights under a terminated temporary protective order or attachment when a general assignment causes the termination, and preserves a bankruptcy-terminated lien for the benefit of the bankruptcy estate instead.
Full Text of § 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.
Plain-English Summary
Section 493.060 gives the two insolvency proceedings this chapter covers different consequences for who benefits from a terminated lien. Subdivision (a) addresses the general-assignment case: once the assignment terminates a lien under this chapter, the assignee steps into the plaintiff's shoes, subrogated to whatever rights the plaintiff held under the temporary protective order or attachment.
Subdivision (b) treats bankruptcy differently: once a bankruptcy petition is filed, a lien terminated under this chapter is not handed to any particular creditor -- it is preserved for the benefit of the estate as a whole, consistent with bankruptcy's basic goal of pooling assets for all creditors rather than letting one lienholder's position carry over intact.
Frequently Asked Questions
What happens to the plaintiff's lien rights once a general assignment terminates the lien?
Section 493.060(a) subrogates the assignee to the plaintiff's rights under the terminated temporary protective order or attachment.
Does a bankruptcy-terminated lien go to the plaintiff, the trustee, or someone else?
Section 493.060(b) preserves it for the benefit of the bankruptcy estate rather than assigning it to the plaintiff or any single party.
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: subrogation general assignment attachment lien californialien preserved for bankruptcy estate