432


FBOOF  OF  BBNT  AS  BUGH  §  327

with  the  help  of  §  63a(4)  the  claim  may  be  proved;^  other
decisions  hold  that  the  daim  is  contiBgent  and  cannot  be
proved^®  It  was  held  in  one  case  that,  where  property  was
taken  by  eminent  domain,  and  a  sxmi  paid  to  the  bankrupt
tenant  on  the  theory  that  he  would  be  liable  for  rent  to  the
end  of  the  lease,  the  landlord  might  prove  a  daim  for  the  full
rent  less  interest/^  If  the  trustee  rejects  the  lease,  and  the
bankrupt  collects  from  subtenants,  such  collections  may  be
implied  to  reduce  the  provable  daimP^

The  fact  that  the  landlord  takes  a  note  for  the  rent  due,
which  is  not  paid  at  maturity,  does  not  prevent  his  proving
against  the  tenant's  estate  for  the  rent  as  if  the  note  had  never
been  given.'^^  Nor,  in  a  state  where  the  landlord  has  a  lien  ""^
for  a  year's  rent,  does  the  fact  of  such  preference  prevent
his  proving  a  claim  for  the  rent  due  after  the  expiration  of
such  year.^'  Such  lien  is  a  preferred  claim  as  far  as  the  pro-
ceeds of  the  goods  go.'^*  Where  there  is  any  special  fund  or
property  which  is  security  for  the  rent,  the  landlord  is  entitled
to  have  it  applied  to  his  claim  even  if  the  trustee  has  already
realized  on  the  property .'^^  Where  by  mistake  he  has  omitted
to  state  any  security,  he  may  amend  his  proof .'^

^  Re  Kdth-Gava  Co.,  203  Fed.  585,  citing  Mach  v.  Bank,  107  Fed.  897;
Martin  v.  Orgain,  174  Fed.  772;  Re  Gerson,  105  Fed.  891;  Re  Ome,  12  Fed.
