Page:United States Statutes at Large Volume 52.djvu/951

 PUBLIC LAWS-CH. 575-JUNE 22, 1938 Ante, p. W0. Rejection of execu- tory contract; status afnjured person. Limitation on claim PrJito. Assignee of future rent claim, damages. Expiration of time for filing claims. Ante, pp. 873, 867. Order directing bankruptcy to be pro- ceeded with, claims allowed. Ante, p. 873. Aite, p. 8M. Provisions of ar. rangement. where a petition is filed under section 321 of this Act and a decree of adjudication has not been entered in the pending bankruptcy proceeding, as if a decree of adjudication had been entered in such bankruptcy proceeding at the time the petition under this chapter was filed, or, where a petition is filed under section 322 of this Act, as if a voluntary petition for adjudication in bankruptcy had been filed and a decree of adjudication had been entered at the time the petition under this chapter was filed. "SEC. 353. In case an executory contract shall be rejected pursuant to the provisions of an arrangement or to the permission of the court given in a proceeding under this chapter, or shall have been rejected by a trustee or a receiver in bankruptcy or receiver in equity in a prior pending proceeding, any person injured by such rejection shall, for the purposes of this chapter and of the arrangement, its accept- ance and confirmation, be deemed a creditor. The claim of the land- lord for injury resulting from the rejection of an unexpired lease of real estate or for damages or indemnity under a covenant contained in such lease shall be provable, but shall be limited to an amount not to exceed the rent, without acceleration, reserved by such lease for the three years next succeeding the date of the surrender of the prem- ises to the landlord or the date of reentry of the landlord, whichever first occurs, whether before or after the filing of the petition, plus unpaid accrued rent, without acceleration, up to the date of surren- der or reentry: Provided, That the court shall scrutinize the circum- stances of an assignment of a future rent claim and the amount of the consideration paid for such assignment in determining the amount of damages allowed the assignee thereof. "SEc. 354. If the time for filing claims in a pending bankruptcy proceeding has expired prior to the filing of a petition under this chapter, claims provable under section 63 of this Act, and not filed within the time prescribed by subdivision n of section 57 of this Act, shall not be allowed in the proceedings or participate in an arrange- ment under this chapter, and shall not be allowed in the bank- ruptcy proceeding when reinstated as provided in this chapter. "SEC. 355. Upon the entry of an order under the provisions of this chapter directing that bankruptcy be proceeded with only such claims as are provable under section 63 of this Act shali be allowed and, except as provided in section 354 of this Act, claims not already filed may be filed within three months after the first date set for the first meeting of creditors, held pursuant to section 55 of this Act, or, if such date has previously been set, then within three months after the mailing of notice to creditors of the entry of the order directing that bankruptcy be proceeded with. "ARHICLE VIII-PROVISIONS OF ARRANGEMENT "SEC. 356. An arrangement within the meaning of this chapter shall include provisions modifying or altering the rights of unse- cured creditors generally or of some class of them, upon any terms or for any consideration. "SEC. 357. An arrangement within the meaning of this chapter may include- "(1) provisions for treatment of unsecured debts on a parity one with the other, or for the division of such debts into classes and the treatment thereof in different ways or upon different terms; "c2)provisions for the rejection of any executory contract; 3) provisions for specific undertakings of the debtor during any period of extension provided for by the arrangement, including provisions for payments on account; [52 STAT.
 * (landlord.

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