• Firearms, Guns, The Second Amendment And Bankruptcy – Part 4

    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…

  • FIREARMS, GUNS, THE SECOND AMENDMENT AND BANKRUPTCY – PART 1

    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…