Question
Gilbert and Kimberly Barnes filed a voluntary Chapter 7 petition in the U.S. Banlauptcy Court for the District of Maryland. Subsequently they moved to avoid
Gilbert and Kimberly Barnes filed a voluntary Chapter 7 petition in the U.S. Banlauptcy Court for the District of Maryland. Subsequently they moved to avoid a nonpurchase money lien held by ITT Financial Services on their exempt "household goods." Among the goods that the Barneses were claiming as "household goods" were a videocassette recorder (VCR), a 12-gauge pump shotgun, a 20-gauge shotgun, a 30-06 rifle, and a 22 pistol. ITT contended that the VCR and the firearms were not household goods that they could exempt. Under Maryland law, household goods are items of personal property necessary for the day-to-day existence of people in the context of their homes. Should the court consider the VCR and firearms to be "household goods"? Look under Texas Property Code Section 42.002 (go to findlaw.com to find the Texas statutes). and determine if your answer would change under Texas law.
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