Ohio Revised Code
Chapter 1313 | Voluntary Assignments
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 not suitable persons to administer the trust, or that their administration thereof will not be for the best interests of the creditors and assignor, the court thereupon shall issue a citation to such assignees, or trustees, and to the assignor if resident within the state, to appear before it at a time to be named in the citation. If, on the hearing, it appears to the court that such complaint is true, and a petition is filed with the court, signed by creditors of the assignor, who own not less than one thousand dollars of debts against him, and their validity is shown by the schedule of debts on file or otherwise established to its satisfaction, praying for permission to elect trustees, the court by its order shall fix a time for such election and cause notices to be sent by mail or otherwise to each creditor of the assignor, specifying a time when the creditors shall meet at the courtroom for the election of trustees.

Structure Ohio Revised Code

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 1313.18 | Homestead.

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 1313.48 | Dividends.

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.

Section 1313.58 | Creditor or Assignee to Bring Suit.

Section 1313.59 | Creditor May Bring Suit.