§ 493.050.Reinstatement of Lien Or Attachment

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 493.050 reinstates a lien terminated under § 493.030 with full original effect if the general assignment is later set aside other than by a bankruptcy filing, or if a bankruptcy petition is dismissed, or if the trustee abandons the property, and excludes the intervening period from counting toward the lien's duration.

Full Text of § 493.050

Text sizeJump to: (a) (b)

(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.

End

Plain-English Summary

Termination under § 493.030 is not always the end of the story. Section 493.050(a) reinstates the lien, with the same effect as if it had never been terminated, in three situations. The first is when a general assignment caused the termination, and that assignment is later set aside -- so long as it was set aside some way other than by filing a bankruptcy petition. The second is when a bankruptcy filing caused the termination and the petition itself is later dismissed. The third is when a bankruptcy filing caused the termination and the trustee abandons the very property the lien had covered.

Subdivision (b) protects the lien's overall duration from being eaten away by this whole detour: the period between the general assignment and the lien's reinstatement does not count against how long the temporary protective order or attachment lien is allowed to run.

Frequently Asked Questions

Can a lien terminated by a general assignment come back to life?

Yes. Section 493.050(a)(1) reinstates it, with the same effect as if never terminated, if the general assignment is later set aside other than by a bankruptcy filing.

What if the bankruptcy petition that terminated the lien is dismissed?

Section 493.050(a)(2) reinstates the lien in that situation too, with the same effect as if it had never been terminated.

Does the time the lien was terminated count against its overall duration?

No. Section 493.050(b) excludes the period from the general assignment until reinstatement from the calculation of how long the temporary protective order or attachment lien lasts.

Amendment History

Amended by Stats. 1979, Ch. 177.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: reinstatement of terminated attachment lien californialien duration bankruptcy dismissal