Ohio Code 1333.35 – Bankruptcy and receiver’s sales definitions
As used in sections 1333.35 to 1333.37, inclusive, of the Revised Code:
Terms Used In Ohio Code 1333.35
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
(A) “Additional merchandise” means all goods, wares, and merchandise not part of bankruptcy or receivership proceedings.
(B) “Person” means an individual, corporation, partnership, association, or any unincorporated organization.
(C) “Bankruptcy sale” or “receiver’s sale” means any offer to sell to the public, or sale to the public of goods, wares, or merchandise upon the implied or direct holding out, or representation that such sale is being conducted under any one or combination of the following circumstances:
(1) That such sale is being conducted because of bankruptcy or receivership occurring on or at the premises.
(2) That, at the premises where a person suffered bankruptcy or receivership, such goods, wares, or merchandise are being offered for sale or sold to the public and the person conducting the sale acquired such goods, wares, or merchandise as a result of such bankruptcy or receivership.