Ohio § 1125.28

Full text of Ohio Ohio Revised Code § 1125.28, with citation guidance and answers to common questions.

§ 1125.28.

(A) The filing with the court of the finding of the superintendent of financial institutions

or the certificate of appointment of the receiver, whichever occurs first, operates

as an automatic stay from the date of the filing, subject to the court granting a

motion for relief from the stay, applicable to all persons, of both of the following: (1) The commencement or continuation, including the issuance or employment of process,

of a judicial, administrative, or other action or proceeding against the state bank

that was or could have been commenced before the filing; (2) The enforcement against the bank of a judgment or other claim obtained before the

filing, including claims of security, preference, priority, and offset. (B) Upon the filing with the court of the finding of the superintendent or the certificate

of appointment of the receiver, whichever occurs first, any other pending judicial,

administrative, or other action or proceeding against the bank shall, upon motion

of the receiver, be consolidated into one action or transferred as a separate matter

before the presiding judge of the court having jurisdiction of the receivership, subject,

however, to the automatic stay provided in division (A) of this section.  Subject to the receiver's option to have an action later consolidated or transferred,

any action commenced after the superintendent's filing shall be filed as a separate

matter before the presiding judge in the court having jurisdiction over the receivership. (C) The superintendent, prior to the appointment of a receiver, or the receiver, after

its appointment, shall be the only party named in an action involving a state bank

subject to this chapter. (D) Any action seeking to enjoin the superintendent's order appointing a receiver of

a state bank shall be brought prior to the date the receiver sells all or substantially

all of the assets of the bank, prior to the date the receiver transfers all or substantially

all of the insured deposits to an assuming institution, or within ten days after the

issuance of the order, whichever is earliest.

Frequently Asked Questions About Ohio § 1125.28

What does Ohio Revised Code § 1125.28 cover?

Section 1125.28 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Ohio § 1125.28?

A common citation format is "Ohio Revised Code § 1125.28" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Ohio law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.

How does Ohio § 1125.28 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.