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Home » US Law » 2022 Ohio Revised Code » Title 13 | Commercial Transactions » Chapter 1313 | Voluntary Assignments

Section 1313.01 | Assignee’s Bond.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When a person, partnership, association, or corporation, makes an assignment to a trustee of property, money, rights, or credits, in trust for the benefit of creditors, within ten days after the delivery of the assignment to him and before disposing of any […]

Section 1313.02 | Effective Time of Assignment.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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 delivery to the probate judge, and the exact time of such delivery shall be indorsed thereon by the […]

Section 1313.03 | Appointment of a Trustee.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly If ten days after the execution of an assignment for the benefit of creditors, the original or a copy of it has not been filed in the probate court, or if the assignee named thereon fails for that time to give bond, […]

Section 1313.04 | Resignation.

Effective: January 9, 1961 Latest Legislation: House Bill 1 – 104th General Assembly An assignee or trustee for the benefit of creditors appointed by the probate court, who has qualified, may resign his trust with the consent of the court. In case of the death, removal, or resignation of a sole assignee or trustee, the […]

Section 1313.05 | Election of Trustee by Creditors.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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 the deed of assignment, or the trustees appointed by the probate court, for the benefit of creditors are […]

Section 1313.06 | Proceedings.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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 or represented by attorney, may proceed to the election of trustees for the benefit of creditors, a majority […]

Section 1313.07 | Removal of Assignee or Trustee.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The probate court may remove an assignee or trustee for the benefit of creditors, specifying in the order the cause of removal.

Section 1313.08 | Application for Release by Surety – Hearing.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly A surety of an assignee or trustee for the benefit of creditors, or the executor or administrator of such surety, at any time may make application to the probate court to be released from the bond of such assignee or trustee, by […]

Section 1313.09 | Application by Trustee for Release of Surety – Hearing.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly An assignee or trustee for the benefit of creditors at any time may make application to the probate court for the release of his sureties, by filing his written request with the judge of such court, and giving at least five days’ […]

Section 1313.10 | Removal for Failure to Give New Bond.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly If an assignee or trustee for the benefit of creditors fails to give new bond, as directed by the probate court, he must be removed and his letters superseded. The original sureties shall not be released until the assignee or trustee gives […]

Section 1313.11 | Trustee to Give Bond.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When the probate court appoints a trustee for the benefit of creditors, whether in place of an assignee or of a trustee previously appointed, such trustee, within ten days after his appointment, shall give bond or, failing to do so, he may […]

Section 1313.12 | Settlement on Resignation, Removal, or Death.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly On the resignation or removal of an assignee or trustee for the benefit of creditors, he shall file and settle his account without delay, and on the death of such assignee or trustee, his legal representative must file and settle such account […]

Section 1313.13 | Appointment and Qualification to Operate as a Conveyance.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When the probate court appoints a trustee for the benefit of creditors to act in place of the assignee of a debtor, the appointment and qualification of the trustee operates as a conveyance to him of all the property originally assigned to […]

Section 1313.14 | Notice of Appointment.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Each assignee or trustee for the benefit of creditors appointed on the failure of the assignee of a debtor to qualify, within thirty days after giving bond, must give notice of his appointment in some newspaper of general circulation in the county, […]

Section 1313.15 | Appointment of Appraisers.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Immediately upon the assignee of a debtor giving bond, or if said assignee fails to give bond, then upon the trustee for the benefit of creditors giving bond, the probate court shall appoint three suitable disinterested persons appraisers of the property and […]

Section 1313.16 | Real Property Without the State.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly If the assignment for the benefit of creditors, includes real property situated without this state, it is not necessary to have it appraised, but the assignee, or trustee appointed, shall sell such real property at public or private sale, and the sale […]

Section 1313.17 | Exempt Property Excepted From Assignment.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly No assignment for the benefit of creditors shall include or cover any property exempt from levy or sale on execution, or exempt from being applied to the payment of debts by any legal process, unless in the assignment the exemption is expressly […]

Section 1313.18 | Homestead.

Effective: September 28, 1979 Latest Legislation: House Bill 674 – 113th General Assembly 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 required to do, exempt property that has to be selected by the debtor. If the setting off is […]

Section 1313.19 | Orders to Prevent Fraudulent Transfer.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The probate judge, at any time before the final settlement of the accounts of an assignee for the benefit of creditors, may require his attendance, or that of any other person as a witness, and examine him upon oath, as to all […]

Section 1313.20 | Examination of Assignor.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly On application of an assignee for the benefit of creditors or of a creditor, or without application, the probate judge may require the assignor, upon reasonable notice, to attend and submit to an examination on oath as to the disposal of his […]