Effective: October 1, 1953
Latest Legislation: House Bill 1 - 100th General Assembly
When, on settlement, a balance is shown in the hands of the assignee or trustee for the benefit of creditors, subject to distribution among the general creditors, a dividend shall be declared by the probate judge, payable therefrom equally among all the creditors entitled, in proportion to the amount of their respective claims against the assignor, including those disallowed, which the claimant has begun suit to establish as required in section 1313.39 of the Revised Code, and claims held under advisement. Notice of the making of such dividend, and the time and place of its payment, shall be given by advertisement once, in a newspaper published and of general circulation in the county in which such trust is administered, and in such other way as the court orders. A report must be made within sixty days after the date fixed of the dividends paid and of those uncalled for and unpaid at that time. The court then shall cause a new notice to be given to the owners of unpaid dividends, in such way as it directs. If not demanded within twelve months thereafter, such dividends must be divided pro rata among the other creditors, until they are paid in full, and any remainder paid to the assignor or his legal representatives.
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.