If I file bankruptcy, do I get to keep my guns?
Earlier this year, the trustee objected to exemptions in four cases when I claimed guns exempt as household furnishings. (Exemptions are what you get to keep in bankruptcy).
I was the lawyer in these cases where I defended my clients rights and protected my client’s guns. The Judge wrote the most significant opinion about the exemption of guns since the California legislature passed the enforcement of judgments act in the early 1980s.
Result
In all four cases, I protected my clients rights and they all got to keep all of their guns.
History
California changed its exemption law in the early 1980s. The old law was far more specific about what was an exempt household asset: 1 rifle, 1 shot gun, pots, pans, a family bible and so forth. The new law spoke about possessions that were “reasonably necessary”. The law was written just before the home computer became a fact of life. The old law would require that the legislature add the home computer to the list of specified household item. They new law looked to whether the computer was reasonably necessary.
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