Ohio Revised Code Chapter 1313 - Voluntary Assignments

• Section 1313.01 - Assignee's Bond.
  When a person, partnership, association, or corporation, makes an assignment to a trustee of property, money, rights, or credits, in trust for the benefit...
• Section 1313.02 - Effective Time Of Assignment.
  An assignment for the benefit of creditors as provided in section 1313.01 of the Revised Code is effective only from the time of its...
• Section 1313.03 - Appointment Of A Trustee.
  If ten days after the execution of an assignment for the benefit of creditors, the original or a copy of it has not been...
• Section 1313.04 - Resignation.
  An assignee or trustee for the benefit of creditors appointed by the probate court, who has qualified, may resign his trust with the consent...
• Section 1313.05 - Election Of Trustee By Creditors.
  When a creditor of an assignor provided for in section 1313.01 of the Revised Code, files a complaint alleging that the assignees named in...
• Section 1313.06 - Proceedings.
  At an election under section 1313.05 of the Revised Code creditors representing fifty per cent or more of the debts of the assignor, present...
• Section 1313.07 - Removal Of Assignee Or Trustee.
  The probate court may remove an assignee or trustee for the benefit of creditors, specifying in the order the cause of removal. Effective Date:
• Section 1313.08 - Application For Release By Surety - Hearing.
  A surety of an assignee or trustee for the benefit of creditors, or the executor or administrator of such surety, at any time may...
• Section 1313.09 - Application By Trustee For Release Of Surety - Hearing.
  An assignee or trustee for the benefit of creditors at any time may make application to the probate court for the release of his...
• Section 1313.10 - Removal For Failure To Give New Bond.
  If an assignee or trustee for the benefit of creditors fails to give new bond, as directed by the probate court, he must be...
• Section 1313.11 - Trustee To Give Bond.
  When the probate court appoints a trustee for the benefit of creditors, whether in place of an assignee or of a trustee previously appointed,...
• Section 1313.12 - Settlement On Resignation, Removal, Or Death.
  On the resignation or removal of an assignee or trustee for the benefit of creditors, he shall file and settle his account without delay,...
• Section 1313.13 - Appointment And Qualification To Operate As A Conveyance.
  When the probate court appoints a trustee for the benefit of creditors to act in place of the assignee of a debtor, the appointment...
• Section 1313.14 - Notice Of Appointment.
  Each assignee or trustee for the benefit of creditors appointed on the failure of the assignee of a debtor to qualify, within thirty days...
• Section 1313.15 - Appointment Of Appraisers.
  Immediately upon the assignee of a debtor giving bond, or if said assignee fails to give bond, then upon the trustee for the benefit...
• Section 1313.16 - Real Property Without The State.
  If the assignment for the benefit of creditors, includes real property situated without this state, it is not necessary to have it appraised, but...
• Section 1313.17 - Exempt Property Excepted From Assignment.
  No assignment for the benefit of creditors shall include or cover any property exempt from levy or sale on execution, or exempt from being...
• Section 1313.18 - Homestead.
  Appraisers appointed under section 1313.15 of the Revised Code, shall set off in the way that appraisers of property levied on or attached are...
• Section 1313.19 - Orders To Prevent Fraudulent Transfer.
  The probate judge, at any time before the final settlement of the accounts of an assignee for the benefit of creditors, may require his...
• Section 1313.20 - Examination Of Assignor.
  On application of an assignee for the benefit of creditors or of a creditor, or without application, the probate judge may require the assignor,...
• Section 1313.21 - Duties Of Assignee Or Trustee Of Insolvent Debtor.
  An assignee or trustee for the benefit of creditors shall convert the assets received by him into money, and shall sell the real and...
• Section 1313.22 - Sale Of Real Property.
  Notice of the time and place of the sale of real property assigned for the benefit of creditors, shall be given by advertisement in...
• Section 1313.23 - Sale Of Personal Property.
  Notice of the time and place of the sale of personal property assigned for the benefit of creditors, shall be given for at least...
• Section 1313.24 - Court May Order Private Sale Of Property.
  When the probate court is satisfied that it would be for the advantage of the creditors of the assignor to sell part, or all,...
• Section 1313.25 - Property To Be Sold At Auction If Not Disposed Of Privately.
  Any property, ordered to be sold by the probate court at private sale under section 1313.24 of the Revised Code, not sold within the...
• Section 1313.26 - Compromise Or Sale Of Claims.
  With the approval of the probate court an assignee or trustee for the benefit of creditors may compromise or sell any claim or demand,...
• Section 1313.27 - Return And Confirmation Of Sales.
  Reports of sales of real property and personal property made under sections 1313.21 to 1313.31, inclusive, of the Revised Code shall be returned to...
• Section 1313.28 - Sale Of Notes.
  If it is for the best interests of the creditors of the assignor, the probate court may order the assignee or trustee for the...
• Section 1313.29 - Dower Right Of Spouse.
  When real property is to be sold as provided in sections 1313.21 to 1313.31, inclusive, of the Revised Code, the husband or wife of...
• Section 1313.30 - Court May Order Sale Of Mortgaged Real Property.
  When the assignor and his wife jointly have executed a mortgage upon real property assigned for the benefit of creditors, or when the assignor...
• Section 1313.31 - Court May Order Business Of Assignor Carried On.
  When satisfied that it would be for the advantage of the creditors of the assignor, and on written application therefor by three-fourths in number...
• Section 1313.32 - Payment Of Liens.
  The probate court shall order the payment of all encumbrances and liens upon any property sold for the benefit of creditors, or rights and...
• Section 1313.33 - Questions Of Title - Sale Of Premises.
  When real property to be sold, or which has been contracted to be sold by an assignor prior to the assignment for the benefit...
• Section 1313.34 - Disposition Of Proceeds Of Sale.
  The proceeds of all the real property of the assignor sold by court order for the benefit of creditors, after payment of liens, encumbrances...
• Section 1313.35 - Application Of Sections.
  Sections 1313.21 to 1313.31, inclusive, of the Revised Code relating to the wife of the assignor as a party to the proceedings thereunder and...
• Section 1313.36 - Homestead Exemptions.
  Sections 1313.21 to 1313.35 of the Revised Code do not impair the right of a person to an exemption under division (A)(1) of section...
• Section 1313.37 - Jurisdiction Of Court In Action To Foreclose Mortgage Or Quiet Title.
  Sections 1313.01 to 1313.59, inclusive, of the Revised Code do not take away or limit the jurisdiction of any court of record in which...
• Section 1313.38 - Petition To Have Land Laid Out Into Lots.
  When an assignee or trustee for the benefit of creditors commences an action, in the court of common pleas or probate court of the...
• Section 1313.39 - Presentation Of Claims.
  Creditors must present their claims within six months after publication of the notice provided for in section 1313.14 of the Revised Code, unless further...
• Section 1313.40 - Report Of Claims.
  Immediately after the expiration of six months time, within which creditors must present their claims, the assignee or trustee for the benefit of creditors...
• Section 1313.41 - Requisition To Have Claim Disallowed.
  If the assignor or a creditor files in the probate court a written requisition on the assignee or trustee for the benefit of creditors...
• Section 1313.42 - Affidavit To Be Filed With Claim.
  Each person presenting and filing a claim against the estate of the debtor, before it is allowed or any payments made thereon, must make...
• Section 1313.43 - Preferred Claims.
  Taxes of every description assessed against the assignor upon personal property held by him before his assignment for the benefit of creditors must be...
• Section 1313.44 - Liens And Securities.
  Persons who have performed labor in the service of the assignor within twelve months next preceding an assignment for the benefit of creditors, are...
• Section 1313.45 - Reports And Settlements.
  An assignee or trustee for the benefit of creditors must file an account with the probate court at the expiration of eight months from...
• Section 1313.46 - Notice Of Filing Accounts.
  The probate judge shall cause notice of the filing of accounts by assignees or trustees for the benefit of creditors, and commissioners of insolvents,...
• Section 1313.47 - Examination Of Accounts.
  The probate judge may examine under oath, all assignees or trustees for the benefit of creditors and commissioners of insolvents, touching their accounts. Such...
• Section 1313.48 - Dividends.
  When, on settlement, a balance is shown in the hands of the assignee or trustee for the benefit of creditors, subject to distribution among...
• Section 1313.49 - Dividends Reserved.
  Dividends provided for in section 1313.48 of the Revised Code reserved for claims disallowed, or held under advisement, when actions to enforce their allowance...
• Section 1313.50 - Commissions Of Assignees.
  Before a dividend provided for in section 1313.48 of the Revised Code is declared, the assignee or trustee for the benefit of creditors may...
• Section 1313.51 - Further Allowances - Counsel Fees.
  Such allowance shall be made as the probate court considers just for necessary expense, extraordinary expenses, extraordinary services not required of an assignee for...
• Section 1313.52 - Fees Of Probate Judge.
  The probate judge shall be entitled to the following fees for service performed under sections 1313.01 to 1313.59, inclusive, of the Revised Code: (A)...
• Section 1313.53 To 1313.55 - [Repealed].
  Effective Date: 07-01-1962
• Section 1313.56 - Appointment Of Receiver.
  A sale, conveyance, transfer, mortgage, or assignment, made in trust or otherwise by a debtor, and every judgment suffered by him against himself in...
• Section 1313.57 - Knowledge Of Fraudulent Intent Material - Mortgage In Good Faith.
  Section 1313.56 of the Revised Code does not apply unless the person to whom such sale, conveyance, transfer, mortgage, or assignment is made, knew...
• Section 1313.58 - Creditor Or Assignee To Bring Suit.
  Any creditor as to whom any of the acts or things prohibited in sections 1313.56 and 1313.57 of the Revised Code are void, whether...
• Section 1313.59 - Creditor May Bring Suit.
  If the assignee fails or declines, upon notice by any creditor, to institute suit as provided in section 1313.58 of the Revised Code, such...

Last modified: October 10, 2016