Logourl black
From our private database of 14,200+ case briefs...

In re Wilkinson

United States Bankruptcy Court for the Western District of Texas
402 B.R. 756 (2009)


Facts

Tolbert Wilkinson (plaintiff) filed for Chapter 7 bankruptcy. Wilkinson filed schedules of property with the bankruptcy court and listed all of his possessions. In an attempt to prevent his property from falling into the hands of creditors, Wilkinson listed numerous firearms as exempt from execution. About six guns were classified by Wilkinson as sporting goods and equipment, while another 17 various guns were classified as home furnishings. The bankruptcy trustee objected to the exemptions for all of the guns listed on Wilkinson’s schedules. The trustee claimed that the Texas exemption statute only allowed for a total of two guns to be exempted. On November 14, 2008, Wilkinson amended a schedule of exemptions to include seven different guns, all of which were used in battles prior to the twentieth century. These antique guns were displayed on wooden plaques with descriptive metal plates and hung on the walls of Wilkinson’s home. Wilkinson claimed that the age of the guns meant that the guns were not classified as firearms under Texas law. The bankruptcy court considered the trustee’s objection.

Rule of Law

Issue

Holding and Reasoning (Clark, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 250,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.