Page:United States Statutes at Large Volume 48 Part 1.djvu/950

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

924

73d CONGRESS . SESS . IL CH . 424. JUNE 7, 1934 . of the filing of petition in bankruptcy, whether voluntary or involun- Future rents

lim fta-

tary ; and (7) claims for damages respecting executory contracts tion, including future rents whether the bankrupt be an individual or a corporation, but the claim of a landlord for injury resulting from the r ejecti on by the tr ustee of an unexpir ed lea se of real e state or for damages or indemnity under a covenant contained in such lease shall in no event be allowed in an amount exceeding the rent reserved by th e leas e, wit hout a cceler ation, for th e year next succee ding t he date of the surrender of the premises plus an amount equal to the Court F e

unpaid rent accrued up to said date : Provided, That the court shall Court exami nation of assignment. scrutinize the circumstances of an assignment of future rent claims and the amount of the consideration paid for such assignment in det ermi ning th e am ount of dama ges all owed ass igne e he reu nder Applicability . Provided further, That the provisions of this clause (7) shall apply to estates pending at the time of the enactment of this amendatory Act ." Foregoing to have

(b) The provisions of clause (6) of section 63 (a) of such Act priority . of July 1, 1898, as amended by this section, shall apply to estates pending at the time of the enactment of this Act, and claims pro- vided for i n such claus e (6) shall have th e prio rity p rovide d for in clause (7) of section 64 (b) of such Act of July 1, 1898, as amended . Bankr upt estat es . SEC . 5 . Section 67 (f) of the Act of July 1, 1898, entitled "An Act to establish a uniform system of bankruptcy throughout the United States ", approved July 1, 1898, as amended, is amended to read as mJudsmants,lieattach_ follows : " That all levies, judgments, attachments, or other liens, tamed against . obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, and any bond which may be given to dis- solve any such lien so created, shall be deemed null and void in case he is adjudged a bankrupt, and the property affected by the levy, judgment, attachment, or other lien, and any nonexempt property of his which he shall have deposited or pledged as security for such bond or to indemnify any surety thereon, shall be deemed wholly discha rged a nd rel eased from t he sam e, and shall pass t o the truste e as a part of the estate of the bankrupt, unless the court shall, on due notice, order that the right under such levy, judgment, attachment, or other lien shall be preserved for the benefit of the estate ; and thereupon the same may pass to and shall be preserved by the trustee for the benefit o f the est ate as af oresaid . And the cou rt may orde r P viso .

such conveyance as shall be necessary to carry the purposes of this purchaserf bona sae section i nto effec t : Prov ided , That nothing herein contained shall have the effect to destroy or impair the title obtained by such levy, judgment, attachment, or other lien, of a bona fide purchaser for value who shall have acquired the same without notice or reasonable cause for inquiry . Conciliation commis- S EC. 6 . Conciliation commissioners appointed under section 75 sioners . Franking privilege . of such Act of July 1, 1898, as amended, shall be entitled to transmit Vol.47,p. 1470.

in the mails free of postage under cover of a penalty envelope all matters which relate exclusively to the business of the Government, including notices to creditors . ti Railroad reorganiza- SEC . 7 . Proceedings under section 77 of chapter 8, amendment to the Act of July 1, 1898, entitled "An Act to establish a uniform system of bankruptcy throughout the United States ", as amended, Ca uses here tofor e no t approved March 3, 1933, shall not be grounds for the removal of removable to Federal

i court to be s° re_ any cause of action to the United States district court which was not man Vol e47, p.1474. removable before the passage and approval of this section, and any cause of action heretofore removed from a State court on account of this section shall be remanded to the court from which it was removed, and such order of removal vacated .