2006 Ohio Revised Code - 2913.45. Defrauding creditors.

§ 2913.45. Defrauding creditors.
 

(A)  No person, with purpose to defraud one or more of the person's creditors, shall do any of the following: 

(1) Remove, conceal, destroy, encumber, convey, or otherwise deal with any of the person's property; 

(2) Misrepresent or refuse to disclose to a fiduciary appointed to administer or manage the person's affairs or estate, the existence, amount, or location of any of the person's property, or any other information regarding such property that the person is legally required to furnish to the fiduciary. 

(B)  Whoever violates this section is guilty of defrauding creditors. Except as otherwise provided in this division, defrauding creditors is a misdemeanor of the first degree. If the value of the property involved is five hundred dollars or more and is less than five thousand dollars, defrauding creditors is a felony of the fifth degree. If the value of the property involved is five thousand dollars or more and is less than one hundred thousand dollars, defrauding creditors is a felony of the fourth degree. If the value of the property involved is one hundred thousand dollars or more, defrauding creditors is a felony of the third degree. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 146 v S 2. Eff 7-1-96.
 

The effective date is set by section 6 of SB 2. 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section expands upon a former section prohibiting the fraudulent making or transfer of a bond, bill, deed, gift, grant, or other conveyance to defeat one's creditors. Under this section, it is an offense if a debtor deals in any way with his property with purpose to defraud one or more of his creditors, or if with the same purpose he fails to be truthful with a fiduciary appointed to manage his affairs or property, concerning the nature, extent, or whereabouts of his property. 

Defrauding creditors is a misdemeanor of the first degree.