Page:United States Statutes at Large Volume 52.djvu/971

 PUBLIC LAWS-CH. 575-JUNE 22, 1938 30 Stat. 544; 47 Stat. 1467. 11 U.S. C. §§201, 202; Supp. III, § 202. Ante, p. 929. Chapter XIII- Wage Earners' Plans. Construction. Application. Proiso. Exception. Ante, p. 882. Post, p. 931. Definitions. "C laims." Ante, p. 873. "Creditor." "Debtor." "Debts." "Executory con- tracts. " "Petition." the property of a debtor has been appointed or for whose appoint- ment application has been made in a court of the United States or of any State; "(3) the provisions of sections 73 and 74, as amended, of the Act entitled 'An Act to establish a uniform system of bankruptcy throughout the United States', approved July 1, 1898, shall continue in full force and effect with respect to proceedings pending under those sections upon the effective date of this amendatory Act; and "(4) sections 520 and 522 of this Act shall apply to compositions and extensions confirmed under section 74 before the effective date of this amendatory Act and to compositions and extensions which may be confirmed under section 74 on and after such effective date, except that the exemption provided by section 520 of this Act may be disallowed if it shall be made to appear that such composition or extension, or composition and extension, had for one of its principal purposes the avoidance of income taxes, and except further that where such composition or extension, or composition and extension has not been confirmed on or after such effective date, section 521 of this Act shall apply where practicable and expedient. "CHAPTER XIII-WAGE EARNERS' PLANS "ARTICLE I-CONSTRUCTION "SEC. 601. The provisions of this chapter shall apply exclusively to proceedings under this chapter. "SEC. 602. The provisions of chapters I to VII, inclusive, of this Act shall, insofar as they are not inconsistent or in conflict with the provisions of this chapter, apply in proceedings under this chapter: Provided, however, That subsection f of section 70 shall not apply in such proceedings unless an order shall be entered directing that bankruptcy be proceeded with pursuant to the provisions of chapters I to VII, inclusive. For the purposes of such application, provisions relating to 'bankrupts' shall be deemed to relate also to 'debtors', and 'bankruptcy proceedings' or 'proceedings in bankruptcy' shall be deemed to include proceedings under this chapter. For the pur- poses of such application the date of the filing of the petition in bankruptcy shall be taken to be the date of the filing of an original petition under section 622 of this Act, and the date of adjudication shall be taken to be the date of the filing of the petition under section 621 or 622 of this Act except where an adjudication had previously been entered. "ARTICLE II-DEFINITIONS "SEC. 606 . For the purposes of this chapter, unless inconsistent with the context- "(1) 'claims' shall include all claims of whatever character against the debtor or his property, whether or not provable as debts under section 63 of this Act and whether secured or unsecured, liquidated or unliquidated, fixed or contingent, but shall not include claims secured by estates in real property or chattels real; "(2) 'creditor' shall mean the holder of any claim; "(3) 'debtor' shall mean a wage earner who filed a petition under this chapter; "(4) 'debts' shall include all claims; "(5) 'executory contracts' shall include unexpired leases of real property; "(6) petition' shall mean a petition filed under this chapter by a wage earner desiring to effect a plan for a composition or extension of time for the payment of his debts, or both; 930 [52 STAT.

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