reglab/housing_qa huggingface dataset:
Ohio Rev Code § 1313.29 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.29 | Dower Right of Spouse.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|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 the assignor may be made a party, and file an answer in the probate court to have such real property sold free of his or her contingent right of dower and to allow him or her in lieu thereof, out of the proceeds of the sale, such sum of money as the court deems the just and reasonable value of the dower interest therein. Such answer has the force and effect, in all respects, of a deed releasing such contingent dower interest in such real property.
Ohio Rev Code § 1313.30 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.30 | Court May Order Sale of Mortgaged Real Property.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|When the assignor and his wife jointly have executed a mortgage upon real property assigned for the benefit of creditors, or when the assignor alone has executed a mortgage upon any of such real property to secure the payment of purchase money, or a part thereof, the probate court shall order its sale free from the contingent right of dower of such wife, and shall determine the just and reasonable value of her dower interests in the proceeds of sale remaining after the payment of such encumbrances as preclude her right to dower therein.
Ohio Rev Code § 1313.31 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.31 | Court May Order Business of Assignor Carried On.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|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 and amount of such creditors, the probate court may order any business carried on by the assignor at the time of the assignment, to be continued by the assignee or trustee. When the court deems it to the advantage of the creditors to discontinue the business, it shall order that to be done, and also allow to the assignee or trustee for the benefit of creditors such compensation for conducting it, as may be just, in addition to the fees allowed by sections 1313.50 and 1313.51 of the Revised Code.
Ohio Rev Code § 1313.32 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.32 | Payment of Liens.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|The probate court shall order the payment of all encumbrances and liens upon any property sold for the benefit of creditors, or rights and credits collected, out of the proceeds thereof, according to priority.
Ohio Rev Code § 1313.33 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.33 | Questions of Title - Sale of Premises.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|When real property to be sold, or which has been contracted to be sold by an assignor prior to the assignment for the benefit of creditors, is encumbered with liens, or when questions in regard to the title, or the dower estate of the wife or widow of the assignor, require a decree to settle them, the assignee may commence a civil action therefor in the court of common pleas or probate court of the proper county, making all persons in interest, including the wife or widow of the assignor, parties.Upon hearing, the court shall order a sale of the premises, or the completion of such contracts of sale, the payment of encumbrances and the contingent dower interest of the wife or widow, subject to section 1313.35 of the Revised Code, and determine the questions involved as to title to the property.
Ohio Rev Code § 1313.34 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.34 | Disposition of Proceeds of Sale.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|The proceeds of all the real property of the assignor sold by court order for the benefit of creditors, after payment of liens, encumbrances and the contingent dower rights and interest of his wife or widow, must be reported to the probate court by the assignee, and disposed of as provided in sections 1313.01 to 1313.59, inclusive, of the Revised Code.
Ohio Rev Code § 1313.35 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.35 | Application of Sections.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|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 her rights by virtue thereof, and also relating to ordering property sold at private sale, and upon terms of credit, apply to proceedings under sections 1313.33 and 1313.34 of the Revised Code.
Ohio Rev Code § 1313.36 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.36 | Homestead Exemptions.

Effective: September 28, 1979|Latest Legislation:  House Bill 674 - 113th General Assembly|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 2329.66 of the Revised Code, or the mode provided for enforcing the right.
Ohio Rev Code § 1313.37 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.37 | Jurisdiction of Court in Action to Foreclose Mortgage or Quiet Title.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|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 an action to foreclose a mortgage, to quiet title, or in any way to affect the title to or possession of all or part of the real property assigned is pending, at date of an assignment for the benefit of creditors. In such action the assignee may be made a party, with right to defend, and have such decrees, orders, or judgments, as are necessary for the proper administration of his trust, in any surplus after paying liens thereon, asserted in the action.
Ohio Rev Code § 1313.38 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.38 | Petition to Have Land Laid Out Into Lots.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|When an assignee or trustee for the benefit of creditors commences an action, in the court of common pleas or probate court of the proper county, to sell real property, making all persons in interest parties thereto, and at the time fixed for hearing his petition the court is satisfied that all parties in interest have been notified of its pendency, and that such land ought to be sold, if the petition seeks to have it or any part thereof laid out in lots, and the court finds it will be to the advantage of all parties in interest to have this done, it also shall authorize the survey and platting of the land. If it approves the survey and plat made for that purpose, the court shall authorize the assignee or trustee, on behalf of all the parties in interest, to sign, seal, and acknowledge the plat in that behalf for record.
Ohio Rev Code § 1313.39 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.39 | Presentation of Claims.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|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 time is given by the probate court for their allowance. The assignee or trustee for the benefit of creditors shall indorse his allowance or rejection thereon. Persons whose claims are rejected are required to bring suit against such assignee or trustee to enforce such claims within thirty days after they were rejected. If a claimant recovers, the judgment shall be against the assignee or trustee, that he allow the claim in settlement of his trusts, with or without the costs, as the court deems right.
Ohio Rev Code § 1313.40 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.40 | Report of Claims.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Immediately after the expiration of six months time, within which creditors must present their claims, the assignee or trustee for the benefit of creditors must file in the probate court a report of all claims presented to him for allowance, their several amounts, the date from which, and the rate at which they are entitled to interest, specifying claims allowed and those rejected, with the date of allowance or rejection, what claims are held under advisement, and the post-office address of each creditor whose claim is allowed or rejected.
Ohio Rev Code § 1313.41 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.41 | Requisition to Have Claim Disallowed.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|If the assignor or a creditor files in the probate court a written requisition on the assignee or trustee for the benefit of creditors to disallow any claims presented which he has not reported as disallowed, and enters into bond to said assignee or trustee in such amount and with such sureties as the court approves, conditioned to pay all the costs and expenses of contesting them by the order of the court, such claims shall be disallowed, although theretofore allowed by the assignee or trustee. The assignee or trustee must forthwith give written notice thereof to the creditors, or their attorneys, whose claims are so disallowed. Thereupon the same proceedings shall be had as required in other cases of disallowance under sections 1313.39 and 1313.40 of the Revised Code.
Ohio Rev Code § 1313.42 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.42 | Affidavit to Be Filed With Claim.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Each person presenting and filing a claim against the estate of the debtor, before it is allowed or any payments made thereon, must make and file an affidavit setting forth that the claim is just and lawful, the consideration thereof, and what counterclaims exist thereto; what collateral or personal security the claimant holds for the claim, or that he has no security. The assignee or trustee for the benefit of creditors, or a creditor may examine the claimant under oath touching such collateral or other security, or any other matter relating to his claim, within such time and under such regulations as are prescribed by the probate judge. A surety of, or person jointly liable with, the assignor, may be allowed to present and prove the claim on which he is so bound; but the dividend thereon shall be payable to the party holding it. If the latter proves such claim, then the allowance and dividend on it must be as proved by him.
Ohio Rev Code § 1313.43 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.43 | Preferred Claims.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Taxes of every description assessed against the assignor upon personal property held by him before his assignment for the benefit of creditors must be paid by the assignee or trustee out of the proceeds of the property assigned in preference to any other claims against the assignor.
Ohio Rev Code § 1313.44 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.44 | Liens and Securities.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Persons who have performed labor in the service of the assignor within twelve months next preceding an assignment for the benefit of creditors, are entitled to receive out of the trust funds, before the paying of other creditors, the full amount of wages due for such labor not exceeding three hundred dollars. This section and section 1313.43 of the Revised Code do not prejudice or affect securities given, or liens obtained in good faith, for value, but judgments by confession on warrants of attorney rendered within two months prior to such assignment, or securities given within such time to create a preference among creditors, or to secure a pre-existing debt other than upon real property for the purchase money thereof, are of no force or validity as against such claims for labor, in case of assignment, to the extent provided in this section.
Ohio Rev Code § 1313.45 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.45 | Reports and Settlements.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|An assignee or trustee for the benefit of creditors must file an account with the probate court at the expiration of eight months from his appointment and qualification, and as often thereafter as the court orders. Such account shall contain a full exhibit of all his doings as such, up to the time of filing, together with the amount of all claims remaining uncollected, and the amount thereof which in his opinion may thereafter be collected. Exceptions may be filed to the accounts by parties interested, in the manner provided in cases of accounts of administrators or executors. Such accounts shall be examined and the exceptions thereto heard by the court, in the manner provided for the settlement of the estates of deceased persons. Upon the filing of such accounts, the court shall fix a time for the hearing, and publish notice thereof as in the case of the filing of the account of an executor or administrator.
Ohio Rev Code § 1313.46 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.46 | Notice of Filing Accounts.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|The probate judge shall cause notice of the filing of accounts by assignees or trustees for the benefit of creditors, and commissioners of insolvents, to be published in some newspaper of the county, specifying when such accounts will be heard, not less than three weeks after the publication of such notice, at which time it shall be competent, for cause, to allow further time to file exceptions to such accounts. The costs of such notice, if more than one account is specified in the same notice, must be paid in equal proportions by the assignees, trustees, or commissioners respectively.
Ohio Rev Code § 1313.47 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.47 | Examination of Accounts.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|The probate judge may examine under oath, all assignees or trustees for the benefit of creditors and commissioners of insolvents, touching their accounts. Such judge may reduce such examination to writing, and require such assignee, trustee, or commissioner to sign it. Such examination must be filed with the papers in the case.
Ohio Rev Code § 1313.48 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.48 | Dividends.

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.
Ohio Rev Code § 1313.49 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.49 | Dividends Reserved.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|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 have been commenced, shall be held until the actions terminate, when they shall be paid on claims the allowance of which has been ordered. Otherwise, such dividends must be distributed pro rata among other creditors not paid in full, or refunded to the assignor.
Ohio Rev Code § 1313.50 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.50 | Commissions of Assignees.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|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 be allowed the following commission upon the amount of the personal estate collected and accounted for by him, and of the proceeds of the real property sold under an order of court for the payment of debts, which must be received in full compensation of all his ordinary services:(A) For the first thousand dollars, at the rate of six per cent;(B) For all above one thousand dollars and not exceeding five thousand dollars, at the rate of four per cent;(C) For all above five thousand dollars, at the rate of two per cent.
Ohio Rev Code § 1313.51 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.51 | Further Allowances - Counsel Fees.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Such allowance shall be made as the probate court considers just for necessary expense, extraordinary expenses, extraordinary services not required of an assignee for the benefit of creditors in the common course of his duty, and such reasonable counsel fees as were necessary for the proper administration of the assignment, whether performed by the assignee or trustee as attorney, or such other as he employs. No such further allowance, extraordinary expenses or services, or attorney fees, shall be made unless a bill of items is filed, showing such actual and necessary or extraordinary expenses and services, or attorney fees, together with the affidavit of the person incurring such expenses or performing such services, that they were done for, and were necessary to, the assignment; that the amount charged therefor is reasonable, and not more than is usually paid for such services. When such services have been performed by persons other than the assignee or trustee, the latter also must file an affidavit, stating that such services were necessary for the proper administration of the assignment, that they were performed under his direction, that the charges therefor are fair and reasonable, and that the full amount thereof has been paid to the party performing such services.
Ohio Rev Code § 1313.52 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.52 | Fees of Probate Judge.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|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) For hearing and deciding each application, two dollars;(B) For appointing or removing an assignee or trustee, one dollar;(C) For filing assignment, inventory, and schedule, each, ten cents;(D) For filing other papers, each five cents;(E) For other services, the same compensation as for like services, in the settlement of the estate of deceased persons.
Ohio Rev Code § 1313.56 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.56 | Appointment of Receiver.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|A sale, conveyance, transfer, mortgage, or assignment, made in trust or otherwise by a debtor, and every judgment suffered by him against himself in contemplation of insolvency and with a design to prefer one or more creditors to the exclusion in whole or in part of others, and a sale, conveyance, transfer, mortgage, or assignment made, or judgment procured by him to be rendered, in any manner, with intent to hinder, delay, or defraud creditors, is void as to creditors of such debtor at the suit of any creditor. In a suit brought by a creditor of such debtor for the purpose of declaring such sale void, a receiver may be appointed who shall take charge of all the assets of such debtor, including the property so sold, conveyed, transferred, mortgaged, or assigned, and also administer all the assets of the debtor for the equal benefit of the creditors of the debtor in proportion to the amount of their respective demands, including those which are unmatured.
Ohio Rev Code § 1313.57 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.57 | Knowledge of Fraudulent Intent Material - Mortgage in Good Faith.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|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 of such fraudulent intent on the part of such debtor. Said section does not vitiate or affect any mortgage made in good faith to secure any debt or liability created simultaneously with such mortgage, if such mortgage is filed for record in the county wherein the property is situated, or as otherwise provided by law, within three days after its execution, and when, upon foreclosure or taking possession of such property, the mortgagee fully accounts for the proceeds thereof.