Page:United States Statutes at Large Volume 52.djvu/974

 52 STAT.] 75TH CONG. , 3D SESS.-CH. 575-JUNE 22, 1938 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 622 of this Act, as if a voluntary petition for adjudication in bankruptcy had been filed and a decree of adjudica- tion had been entered at the time the petition under this chapter was filed. "SEC. 637. The allowance of exemptions to a debtor shall be the eAtowance o etorx same as provided for a bankrupt under this Act, and such exemptions shall be set aside to the debtor in like manner as provided for a bankrupt. Creditors and "ARTICLE VII-CREDITORS AND CLAIMS claims. Rights, duties, etc., "SEC. 641. Where not inconsistent with the provisions of this chap- of creditors where pe- ter, the rights, duties, and liabilities of creditors and of all other titionedin pend mg persons with respect to the property of the debtor shall be the same, where a petition is filed under section 621 of this Act and a decree of adjudication has not been entered in the pending bankruptcy pro- ceeding, as if a decree of adjudication had been entered in such bank- ruptcy proceeding at the time the petition under this chapter was filed, or, where a petition is filed under section 622 of this Act, as if a Anic, p . 931. Where no proceed- voluntary petition for adjudication in bankruptcy had been filed and ing einding. a decree of adjudication had been entered at the time the petition under this chapter was filed. "SEC. 642. In case an executory contract shall be rejected pur- torycontract; tt eus suant to the provisions of a plan or to the permission of the court of injured party. given in a proceeding under this chapter, or shall have been rejected by a trustee or receiver in bankruptcy in a prior pending proceeding, any person injured by such rejection shall, for the purpose of this chapter and of the plan, its acceptance and confirmation, be deemed a creditor. The claim of the landlord for injury resulting from the oLfmtationon claim 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 year next succeeding the date of the surrender of the premises 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 surrender or reentry: Provided, That Paiso. the court shall scrutinize the circumstances of an assignment of a rent cliin, damages. future rent claim and the amount of the consideration paid for such assignment in determining the amount of damages allowed the assignee thereof. "SEC. 643. If the time for filing claims in a pending bankruptcy Expiration of time for filing claims in proceeding has expired prior to the filing of a petition under this pending proceeding, chapter, claims provable under section 63 of this Act and not filed a on uilc.d within the time prescribed by subdivision n of section 57 of this Act, Ant e, pp. 873, 867. shall not be allowed in the proceedings or participate in a plan under this chapter, and shall not be allowed in the bankruptcy proceeding when reinstated as provided in this chapter. "SEC. 644. Upon the entry of an order under the provisions of recnt of order di- this chapter directing that bankruptcy be proceeded with, only such ruptcy be proceeded claims as are provable under section 63 of this Act shall be allowed WAnle,. 8a73wed. and except as provided in section 643 of this Act, claims not already Unfied claims. 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, Ate p.865. 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. 933

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