493.010.
As used in this chapter, “general assignment for the benefit of creditors” means an assignment which satisfies all of the following requirements:
(a) The assignment is an assignment of all the defendant’s assets that are transferable and not exempt from enforcement of a money judgment.
(b) The assignment is for the benefit of all the defendant’s creditors.
(c) The assignment does not itself create a preference of one creditor or class of creditors over any
other creditor or class of creditors, but the assignment may recognize the existence of preferences to which creditors are otherwise entitled.
A creditor is defined by the UFTA as a person that has a claim, and includes an assignee of a general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, of a debtor. (Civ. Code, § 3439.01, subd. (c).) Debtor means a person that is liable on a claim. (Civ. Code, § 3439.01, subd. (e).) The Court agrees with Defendants that Plaintiff has failed to allege that it is a creditor of Defendants.
ATM PROFESSIONAL, INC. VS REPIPING.COM, INC., ET AL.
21STCV46587
Dec 19, 2022
Los Angeles County, CA
In reply, Provenance indicated that it is currently undergoing an Assignment for Benefit of Creditors under CCP section 493.010, et seq. and CCP section 1800, et seq, rendering the likelihood that meaningful litigation against Provenance will continue unlikely . Moreover, Provenance argues that the risk of conflicting ruling could be abated by a stay of this case during arbitration.
GRANITE MOUNTAIN CHARTER SCHOOL, A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION VS PROVENANCE, A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION
20STCV33816
Oct 27, 2021
Los Angeles County, CA
In reply, Provenance indicated that it is currently undergoing an Assignment for Benefit of Creditors under CCP section 493.010, et seq. and CCP section 1800, et seq, rendering the likelihood that meaningful litigation against Provenance will continue unlikely . Moreover, Provenance argues that the risk of conflicting ruling could be abated by a stay of this case during arbitration.
GRANITE MOUNTAIN CHARTER SCHOOL, A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION VS PROVENANCE, A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION
20STCV33816
Oct 27, 2021
Los Angeles County, CA
In reply, Provenance indicated that it is currently undergoing an Assignment for Benefit of Creditors under CCP section 493.010, et seq. and CCP section 1800, et seq, rendering the likelihood that meaningful litigation against Provenance will continue unlikely . Moreover, Provenance argues that the risk of conflicting ruling could be abated by a stay of this case during arbitration.
GRANITE MOUNTAIN CHARTER SCHOOL, A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION VS PROVENANCE, A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION
20STCV33816
Oct 27, 2021
Los Angeles County, CA
(d) A creditor who is an assignee of a general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, may exercise any and all of the rights and remedies specified in this section if they are available to any one or more creditors of the assignor who are beneficiaries of the assignment, and, in that event (1) only to the extent the rights or remedies are so available and (2) only for the benefit of those creditors whose rights are asserted by the assignee.
MICHAEL E. FOX VS D'RAILED BEAUTY TROLLEY, LLC, ET AL.
19CHCV00879
Aug 30, 2021
Los Angeles County, CA
Contract
Breach
Section 493.020.
Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 05/25/2022 10:42 AM Sherri R. Carter, Executive Officer/Clerk of Court, by L. Coreas,Deputy Clerk 1 | KEVIN J. KENSIK, ESQ. LAW OFFICES OF KEVIN J. KENSIK 2 || 609 Deep Valley Drive Suite 310 3 | Rolling Hills Estates, California 90274 (310) 891-2300 4 State Bar Number: 5 } 206585 …
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