Can guns be kept in chapter 7 or will they be taken from us? - Bankruptcy Law Questions and Answers- LawQA.com

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Can guns be kept in chapter 7 or will they be taken from us?

We own two hand guns legally, one for my husband one for myself for self protection. Husband has 45 auto years but too difficult for me to handle. I am disabled so I can only manage a revolver and have that one.


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What is the value of these guns? Has your lawyer discussed trying to exempt these guns?

Answer Applies to: New York
Replied: 6/1/2013

Answer By Diane L. Drain
Law Office of D.L. Drain, P.A.
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It depends on the exemptions in the state where you live. In Arizona each person has a right to one gun. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.

Answer Applies to: Arizona
Replied: 5/31/2013

Portland Bankruptcy Law Group
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You each are allowed to have a pistol and a rifle, and each are entitled to an exemption of $1,000 on the value of each of your guns.

Answer Applies to: Oregon
Replied: 5/31/2013

Answer By Kevin Bruning
Bruning & Associates, PC
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Guns are no different than any other asset in a Chapter 7. If the trustee believes she can monetize the asset for the benefit of your creditors, and if you do not assert an exemption to protect the property, the trustee will order you to turn the guns over for sale.

Answer Applies to: Illinois
Replied: 5/31/2013

Tokarska Law Center
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Whether a debtor can keep any particular item depends on whether the value of the item in question is covered by the exemptions they are entitled to use in their bankruptcy case. As long as the value is covered by an exemption, the debtor may keep the item. California has two sets of exemptions known as the 703s and the 704s, each one with its own categories of assets & limits. Debtor may use one or the other, but not both. Please note that if a debtor has moved into California from another state within 2 years prior to filing bankruptcy they are not eligible to use California exemptions. Under those circumstances, depending on where they moved from, the applicable exemptions could be different. 703s, if applicable to your circumstances, has a fairly generous wildcard exemption that covers most people's assets unless they own some other valuable items that either do not fall under other exemptions categories or exceed the limit of the particular category & eat up the entire available wildcard amount. So the answer to your question is that it depends on the value of your other assets.

Answer Applies to: California
Replied: 5/31/2013

Answer By Stuart McKenzie
Law Office of Stuart A. McKenzie
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Retaining property requires an available exemption. Guns may be retained as long as there is sufficient room available under the exemption statute you are using. If you have a real property residence with substantial equity it is possible that you will lose the guns. However it is not uncommon for the Trustee to abandon non exempt assets where there is insufficient value for him to administer.

Answer Applies to: California
Replied: 5/31/2013

Answer By Eric Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis
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The answer to your question depends on the exemptions available to you when and where you file your bankruptcy. In Indiana, guns are just personal property like everything else.

Answer Applies to: Indiana
Replied: 5/31/2013


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In Idaho, each individual is entitled to one firearm, not exceeding $750 in value, as exempt property (which you can keep in a bankruptcy) You should talk to an experienced bankruptcy attorney for specifics and assistance.

Answer Applies to: Idaho
Replied: 5/31/2013

Answer By Paul Ross

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In Idaho you can have an unlimited number of guns. However, you get two firearm exemptions at $750 each that can only be applied against one gun each. Therefore, if you have 4 guns, two are protected by firearm exemptions (as long as less than $750). The rest will have to be covered by your wildcard exemptions or you will have to pay their value to the Trustee.

Answer Applies to: Idaho
Replied: 5/31/2013


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Legally owned guns, like most other personal property, generally can be exempted and retained in a Chapter 7 bankruptcy. A definitive answer depends on which exemption laws apply to you; in order to determine this, see an attorney.

Answer Applies to: Wisconsin
Replied: 5/31/2013

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