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In re Wilkinson | 402 B.R. 756 (2009)
A debtor in bankruptcy can exempt certain property from the bankruptcy estate, thereby protecting it from the reach of creditors. Although exemptions vary by jurisdiction, they’re generally based on broad categories such as personal property or tools of trade. In the case In re Wilkinson, a bankruptcy court aimed to define the boundaries of Texas’s personal-property exemption.
Tolbert and Suzanne Wilkinson filed for Chapter Seven bankruptcy. The Wilkinsons claimed an exemption from execution for numerous antique guns. The guns were displayed on wooden plaques with descriptive metal plates in the Wilkinsons’ home, and several of the guns had been used in battles prior to eighteen ninety-eight.
The bankruptcy trustee objected to the claim of exemption, arguing that under Texas’s bankruptcy-exemption statute, only two firearms were eligible for exemption.
The Wilkinsons responded that the guns were no longer considered firearms due to their age but rather were considered home furnishings and heirlooms. To support their argument, the Wilkinsons relied on the Texas Penal Code, which excluded from its definition of firearm any antique gun or replica manufactured before eighteen ninety-nine.
The bankruptcy court considered the trustee’s objection to the exemption.
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