§ 13. Debts which may be proved against the estate. Debts of the\nassignor may be proved and allowed against his estate which are (a) a\nfixed liability, as evidenced by a judgment absolutely owing at the time\nof the assignment, or (b) a claim for taxable costs incurred before the\nassignment, in good faith, in an action to recover a provable debt;
(c)\nor founded upon an open account, or upon a contract, express or implied\nwhether due or not due; or (d) claims for anticipatory breach of\ncontracts, executory in whole or in part, including unexpired leases of\nreal or personal property; provided, however, that the claim of a\nlandlord for damages for injury resulting from the rejection of an\nunexpired lease of real estate or for damages or indemnity under a\ncovenant contained in such
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§ 13. Debts which may be proved against the estate. Debts of the\nassignor may be proved and allowed against his estate which are (a) a\nfixed liability, as evidenced by a judgment absolutely owing at the time\nof the assignment, or (b) a claim for taxable costs incurred before the\nassignment, in good faith, in an action to recover a provable debt; (c)\nor founded upon an open account, or upon a contract, express or implied\nwhether due or not due; or (d) claims for anticipatory breach of\ncontracts, executory in whole or in part, including unexpired leases of\nreal or personal property; provided, however, that the claim of a\nlandlord for damages for injury resulting from the rejection of an\nunexpired lease of real estate or for damages or indemnity under a\ncovenant contained in such lease shall in no event be allowed in an\namount exceeding the rent reserved by the lease without acceleration,\nfor the year next succeeding the date of the surrender of the premises\nto the landlord or the date of reentry of the landlord, whichever first\noccurs, whether before or after the assignment, plus an amount equal to\nthe unpaid rent accrued, without acceleration up to such date.\n In allowing the claims against the estate, in all cases of mutual\ndebts or credits between the estate of the assignor and a creditor the\namount shall be stated and one debt shall be set off against the other,\nand the balance only shall be allowed.\n A set-off or counterclaim shall not be allowed in favor of any debtor\nof the assignor which (a) is not provable against the estate; or (b) was\npurchased by or transferred to him after the filing of the general\nassignment or with intent to such use and with knowledge or notice, or\nif he had reasonable cause to believe, that such assignor was insolvent.\nA person shall be deemed insolvent whenever the aggregate of his\nproperty, exclusive of any property which he may have conveyed,\ntransferred, concealed, removed, or permitted to be concealed or\nremoved, with intent to defraud, hinder or delay his creditors, shall\nnot, at a fair valuation, be sufficient in amount to pay his debts.\n