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, on application of the assignor, or any of his creditors, the court shall make an order removing such assignee and appoint a trustee in his place. If more than one assignee is named in the assignment, and some fail to give bond, the court may permit the assignee complying with sections 1313.01 and 1313.02 of the Revised Code to qualify and enter upon the discharge of the duties of the trust.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1313 | Voluntary Assignments
Section 1313.01 | Assignee's Bond.
Section 1313.02 | Effective Time of Assignment.
Section 1313.03 | Appointment of a Trustee.
Section 1313.04 | Resignation.
Section 1313.05 | Election of Trustee by Creditors.
Section 1313.06 | Proceedings.
Section 1313.07 | Removal of Assignee or Trustee.
Section 1313.08 | Application for Release by Surety - Hearing.
Section 1313.09 | Application by Trustee for Release of Surety - Hearing.
Section 1313.10 | Removal for Failure to Give New Bond.
Section 1313.11 | Trustee to Give Bond.
Section 1313.12 | Settlement on Resignation, Removal, or Death.
Section 1313.13 | Appointment and Qualification to Operate as a Conveyance.
Section 1313.14 | Notice of Appointment.
Section 1313.15 | Appointment of Appraisers.
Section 1313.16 | Real Property Without the State.
Section 1313.17 | Exempt Property Excepted From Assignment.
Section 1313.19 | Orders to Prevent Fraudulent Transfer.
Section 1313.20 | Examination of Assignor.
Section 1313.21 | Duties of Assignee or Trustee of Insolvent Debtor.
Section 1313.22 | Sale of Real Property.
Section 1313.23 | Sale of Personal Property.
Section 1313.24 | Court May Order Private Sale of Property.
Section 1313.25 | Property to Be Sold at Auction if Not Disposed of Privately.
Section 1313.26 | Compromise or Sale of Claims.
Section 1313.27 | Return and Confirmation of Sales.
Section 1313.28 | Sale of Notes.
Section 1313.29 | Dower Right of Spouse.
Section 1313.30 | Court May Order Sale of Mortgaged Real Property.
Section 1313.31 | Court May Order Business of Assignor Carried On.
Section 1313.32 | Payment of Liens.
Section 1313.33 | Questions of Title - Sale of Premises.
Section 1313.34 | Disposition of Proceeds of Sale.
Section 1313.35 | Application of Sections.
Section 1313.36 | Homestead Exemptions.
Section 1313.37 | Jurisdiction of Court in Action to Foreclose Mortgage or Quiet Title.
Section 1313.38 | Petition to Have Land Laid Out Into Lots.
Section 1313.39 | Presentation of Claims.
Section 1313.40 | Report of Claims.
Section 1313.41 | Requisition to Have Claim Disallowed.
Section 1313.42 | Affidavit to Be Filed With Claim.
Section 1313.43 | Preferred Claims.
Section 1313.44 | Liens and Securities.
Section 1313.45 | Reports and Settlements.
Section 1313.46 | Notice of Filing Accounts.
Section 1313.47 | Examination of Accounts.
Section 1313.49 | Dividends Reserved.
Section 1313.50 | Commissions of Assignees.
Section 1313.51 | Further Allowances - Counsel Fees.
Section 1313.52 | Fees of Probate Judge.
Section 1313.56 | Appointment of Receiver.
Section 1313.57 | Knowledge of Fraudulent Intent Material - Mortgage in Good Faith.