reglab/housing_qa huggingface dataset:
Ohio Rev Code § 1312.08 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1312 | Residential Contractor Right to Cure|Section 1312.08 | Tolling of Statutes of Limitation and Repose - Dismissal - Application of Chapter.

Effective: May 27, 2005|Latest Legislation:  House Bill 175 - 125th General Assembly|(A) All applicable statutes of limitation or repose are tolled from the time the owner sends a notice of defect to a contractor pursuant to section 1312.04 of the Revised Code until the owner has complied with this chapter.(B) If an owner files a dwelling action or commences arbitration proceedings without having complied with this chapter, the court or arbitrator shall dismiss that action or those proceedings without prejudice. The owner may again file a dwelling action or commence arbitration proceedings after complying with this chapter.(C) This chapter does not apply to any civil action in tort alleging personal injury or wrongful death to a person resulting from a construction defect.
Ohio Rev Code § 1313.01 (2021)
2021 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 property so assigned, such assignee shall appear before the probate judge of the county in which the assignor resided at the time of executing the assignment, produce the original assignment, or a copy of it, cause it to be filed in the probate court, and enter into a bond, payable to the state, in such sum and with such sureties as the court approves, conditioned for the faithful performance of his duties. The court may require the assignee, or any trustee subsequently appointed, to execute an additional bond whenever the interests of the creditors of the assignor demand it.
Ohio Rev Code § 1313.02 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|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 judge, who immediately shall note the filing on the journal of the court. Such assignment may be delivered by the assignor to the judge either before or after its delivery to the assignee.
Ohio Rev Code § 1313.03 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|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, 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.
Ohio Rev Code § 1313.04 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|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 court shall appoint one or more trustees in his place.If one or more assignees or trustees have not died, resigned, or been removed, the court either may fill the vacancy, or allow the remaining assignees or trustees, to execute the trust, as it deems best for the trust. At any time, on application of a majority of the creditors in amount, the court may appoint an additional trustee.
Ohio Rev Code § 1313.05 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|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.
Ohio Rev Code § 1313.06 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|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 in value of all the debts represented at such meeting being necessary to a choice.The proceedings of the meeting showing what creditors were present, the amount of the debts held by them respectively, and who cast their several votes must be made out and signed by the president and secretary of the meeting and filed with the probate court.If the court approves the choice, and the trustees elected appear within ten days thereafter and give bond, the court shall appoint them as trustees, and remove the preceding assignee or trustee.The summary determination of the court as to who are creditors and the amount of their claims under section 1313.05 of the Revised Code, has no effect as to the validity of such claims, except for the purpose of such election.
Ohio Rev Code § 1313.07 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|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.
Ohio Rev Code § 1313.08 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|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 filing his written request therefor with the judge of such court, and giving at least five days' notice, in writing, to such assignee or trustee. If, upon the hearing, the court is of opinion that there is good reason therefor, it shall release such surety. The death of a surety is good cause for release.
Ohio Rev Code § 1313.09 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|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' notice, in writing, to such sureties. If, upon the hearing, the court is of opinion that there is good reason to release said sureties it shall order said assignee or trustee to file an account, as provided by law, and said sureties shall be released upon said assignee or trustee filing a new bond and its approval by the court. Last updated February 15, 2022 at 2:21 PM
Ohio Rev Code § 1313.10 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|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 new bond, but the original sureties are liable for said assignee or trustee's acts only from the time of executing the original bond to the filing and approval by the court of the new bond.
Ohio Rev Code § 1313.11 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|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 be considered as declining the appointment, and the place shall be filled. When a trustee has given bond, he succeeds to all the rights, powers, and privileges of the preceding assignee or trustee. The court may make and enforce all orders necessary to put him into possession of all property, moneys, books, papers, evidences of title, and other effects covered by the assignment, or in any way belonging to the trust. By suit in the court of common pleas, or otherwise, such trustee may compel the delivery to him of all such property, moneys, books, papers, evidences of title, and other effects.
Ohio Rev Code § 1313.12 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|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 without delay. Immediately after the settlement, the assignee or trustee, or his legal representative, shall pay over to his successor all moneys found due from him to the trust. On failure to do so, or to file and settle such account, or deliver over to his successor all property, moneys, books, evidences of title, papers, and other effects belonging to the trust, such successor may proceed against such assignee or trustee by action in the court of common pleas or otherwise, on his bond or his legal representative and the sureties in such bond.
Ohio Rev Code § 1313.13 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|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 such assignee.
Ohio Rev Code § 1313.14 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|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, for three successive weeks.
Ohio Rev Code § 1313.15 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|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 assets of the assignor. Such assignee or trustee, within thirty days after giving bond, unless for good cause the court allows a longer time, must make and file therein an inventory, verified by his oath, of all the property, moneys, rights, and credits of the assignor included in the assignment, which have come to his possession or knowledge, together with an appraisement thereof by such appraisers under oath. If any part of the estate or effects is in any other county, the assignee or trustee may have appraisers, as to such part of the estate and effects, appointed by the probate judge of such county.
Ohio Rev Code § 1313.16 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|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 shall be confirmed, if the court finds that it has been made in good faith for a fair price. At the time of filing the inventory as provided in section 1313.15 of the Revised Code, the assignee or trustee also must file a schedule of all the debts and liabilities of the assignor within his knowledge, which shall be verified by the oath of the assignee or trustee, and contain the post-office address of each of the alleged creditors, so far as this can be given.
Ohio Rev Code § 1313.17 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|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 waived.No such assignment shall include any property belonging to the wife of the assignor, nor require the assignor to deliver up any of such property.
Ohio Rev Code § 1313.18 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|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 omitted, at any time after the appraisal and before sale, the court may order it to be done by the appraisers.
Ohio Rev Code § 1313.19 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|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 matters appertaining to the estate of the assignor or to the administration of the trust, and, upon or after such examination, make and enforce any orders upon proper parties, which said judge deems necessary to prevent a fraudulent transfer or change in the property or effects of the assignor or the allowance or payment of any unjust or fraudulent claim out of his estate.
Ohio Rev Code § 1313.20 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|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 property, his trade and dealings with others, and his accounts concerning them, as to all debts due or claimed from him, and to all other matters concerning his property and estate, and the due settlement thereof, which examination, at the request of any party to the proceeding, may be reduced to writing.
Ohio Rev Code § 1313.21 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.21 | Duties of Assignee or Trustee of Insolvent Debtor.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|An assignee or trustee for the benefit of creditors shall convert the assets received by him into money, and shall sell the real and personal property assigned, including stocks and such bonds, notes, and other claims as are not due and which probably cannot be collected within a reasonable time, at public auction, either for cash or upon such other terms as the probate court orders.
Ohio Rev Code § 1313.22 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.22 | Sale of Real Property.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Notice of the time and place of the sale of real property assigned for the benefit of creditors, shall be given by advertisement in some newspaper of general circulation in the county where such property is situated, for four consecutive weeks. The real property shall not be sold for less than two thirds of the appraised value thereof, but shall be subject to reappraisement as upon execution at law.
Ohio Rev Code § 1313.23 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.23 | Sale of Personal Property.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Notice of the time and place of the sale of personal property assigned for the benefit of creditors, shall be given for at least ten days prior to the day of sale, by advertisement in some newspaper of general circulation in the county, or by posting written or printed notices thereof in at least fifteen public places in the county, not less than five of which must be posted in the township in which the sale is to be held.
Ohio Rev Code § 1313.24 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.24 | Court May Order Private Sale of Property.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|When the probate court is satisfied that it would be for the advantage of the creditors of the assignor to sell part, or all, of the real or personal property in this state assigned for the benefit of creditors at private sale, it may authorize the assignee or trustee for the benefit of creditors to sell it either for cash or upon such other terms as the court orders. No real property lying in this state shall be sold for less than two thirds of its appraised value, nor shall any personal property be sold for less than two thirds of its appraisement, unless upon good cause shown the court orders the assignee or trustee to sell it for a less amount.
Ohio Rev Code § 1313.25 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.25 | Property to Be Sold at Auction if Not Disposed of Privately.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Any property, ordered to be sold by the probate court at private sale under section 1313.24 of the Revised Code, not sold within the time prescribed, shall be ordered to be sold at public auction, as though a private sale had not been ordered.
Ohio Rev Code § 1313.26 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.26 | Compromise or Sale of Claims.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|With the approval of the probate court an assignee or trustee for the benefit of creditors may compromise or sell any claim or demand, due or owing to the assignor, which is desperate or difficult of collection, and also, with like approval, complete and enforce all sales of the real property made by the assignor.
Ohio Rev Code § 1313.27 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.27 | Return and Confirmation of Sales.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Reports of sales of real property and personal property made under sections 1313.21 to 1313.31, inclusive, of the Revised Code shall be returned to the probate court within the time prescribed. After having carefully examined the return, if satisfied that the sale has been legally made, the court shall confirm it and order the assignee or trustee to make a deed to the purchaser for the property sold. The court also may require in the order that deferred installments of the purchase money be secured by mortgage before delivery of such deed. When the buyer offers to pay the full amount of the purchase money in cash, if best for the interests of the creditors of the assignor, the court may order that it be accepted, and direct its distribution.
Ohio Rev Code § 1313.28 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1313 | Voluntary Assignments|Section 1313.28 | Sale of Notes.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|If it is for the best interests of the creditors of the assignor, the probate court may order the assignee or trustee for the benefit of creditors to sell without recourse any notes taken for deferred payments at not less than their face value with accrued interest, and direct the distribution of the proceeds.