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In re Wilkinson

United States Bankruptcy Court for the Western District of Texas

402 B.R. 756 (2009)

Relevant factsFree

Tolbert Wilkinson (plaintiff), in chapter 7 bankruptcy, listed numerous guns on his exemption schedules, classifying about six as sporting goods and 17 more as home furnishings. The trustee objected, noting the Texas exemption statute caps firearms at two. Wilkinson then amended his schedule to add seven pre-twentieth-century antique guns used in historical battles, mounted decoratively on wooden plaques with descriptive metal plates and hung on his walls, arguing their age took them outside the statutory definition of 'firearm.'

IssueFree

Whether antique guns used for decoration are considered firearms for purposes of Texas bankruptcy-exemption statutes.

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