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Emory Bankruptcy Developments Journal

Authors

Armstead Lewis

Abstract

Although, the topic of firearms is often controversial and political, gun owners in the U.S. predominantly own firearms in a way that arguably allow firearms to be classified as 'household goods' in Section 522(f)(1)(b) and be included in the list of items that fit within the term of 'household goods' in Section 522(f)(4)(A) of the Bankruptcy Code. The recent proposals of the Protecting Gun Owners in Bankruptcy Acts of 2010, 2011, 2014, and 2015 make this a timely issue that should be addressed. The proposals of the Protecting Gun Owners in Bankruptcy Acts have requested that firearms be classified as 'household goods' in Section 522(f)(4)(A). This Comment addresses why firearms have not been addressed in the Bankruptcy Code, discusses the proposed Protecting Gun Owners in Bankruptcy Acts, and examines if firearms should be listed within the term of 'household goods' in Section 522(f)(4)(A) of the Code.

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