California Codes > Code of Civil Procedure > Part 2 > Title 6.5 > Chapter 13 – Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors
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Terms Used In California Codes > Code of Civil Procedure > Part 2 > Title 6.5 > Chapter 13 - Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
- Conviction: A judgement of guilt against a criminal defendant.
- County: includes city and county. See California Government Code 19
- county: includes "city and county". See California Penal Code 7
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Devise: To gift property by will.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- general assignment for the benefit of creditors: means an assignment which satisfies all of the following requirements:
California Code of Civil Procedure 493.010
- knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Penal Code 7
- legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 34000
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- maliciously: import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law. See California Penal Code 7
- Navigable water: includes a harbor, bay, inlet, and estuary. See California Government Code 39930
- Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- person: includes a corporation as well as a natural person. See California Penal Code 7
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
- Property: includes both personal and real property. See California Code of Civil Procedure 17
- State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
- Statutes at large: A chronological listing of the laws enacted each Congress. They are published in volumes numbered by Congress.
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
- Subpoena: A command to a witness to appear and give testimony.
- Tidelands: includes submerged lands. See California Government Code 39930
- Trustee: A person or institution holding and administering property in trust.
- Will: includes codicil. See California Code of Civil Procedure 17
- willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Penal Code 7