Firearms, Guns, the Second Amendment and Bankruptcy – Part 4

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In conclusion, Bankruptcy Code Section 522(f) permits the Debtor in Bankruptcy to Avoid a Non-possessory, Non-purchase Money Security Interest in Household Goods or Tools Of The Trade.   It also provides for the Avoidance of such Interest in Professionally Prescribed Health Aids, but such a provision has no applicability to Firearms. The Court’s tend to define a Household Goods, or Personal Property, according to the McGreevy Decision, as those items that are typically found in or around the home, and used by the Debtor or his Read More +

Firearms, Guns, the Second Amendment and Bankruptcy – Part 1

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TREATMENT OF FIREARMS IN BANKRUPTCY There is no express Section in the United States Bankruptcy Code addressing Firearms.  The Second Amendment does state that the people of the United States have the right to bear arms.  However, there is no express or implicit mention of Firearms in the Bankruptcy Code.  Although the author believes that the possession of Firearms by the population is an important protection recognizes by the US Constitution, the absence of the mention of Firearms in the Bankruptcy Code does not present Read More +