Legal Question in Bankruptcy in California

We have filed for Ch 7 bankrupcy and one question asked was if I own guns. I sold them to pay for things when money got scarce. I did not sell them through a dealer and have no proof. Will they check what guns have been purchased? Can I get in trouble for selling them from the banckrupcy hearing?


Asked on 12/08/10, 6:36 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

It might not have been very smart to dispose of the guns the way that you did -- good heavens, what if one of them is used in a crime? But the bankruptcy court is not going to care unless the amount was large and you sold them immediately before the BK. Check with the attorney who is handling your BK.

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Answered on 12/13/10, 9:33 am
Asaph Abrams Law Office of Asaph Abrams

The Statement of Financial Affairs section of the court-filed bankruptcy paperwork requires specific information regarding transfers of assets and such information is requested at meetings of creditors hearings. A pertinent issue from a trustee's perspective is the preservation of the bankruptcy estate and potential "hindering" of creditors by effecting concealment of assets that could otherwise have been liquidated for payoff of debts. Whether there is an appearance of a "fraudulent" transfer would depend upon the value of the transferred asset and assuming they were not collector items, the values of the weapons may not have been signfiicant in bankruptcy terms. The above are relevant bankruptcy considerations; I'm sorry, I can't comment regarding rules/protocol of selling guns to private parties.

Belabored cocktail-party-conversation-as-legal-advice-clich� disclaimer: this answer as well as any information found on our Web site is not legal advice. This is strictly my opinion provided for general informational purposes and pertains to California law only; its reading does not create an attorney-client relationship. If the question was previously answered, then this answer had been scripted before other answers were posted, but got published after other answers were posted; this answer does not serve to endorse other answers. Unilateral communications may be misconstrued as they do not address all facets, nuances, and particulars, or all means of addressing a situation. We recommend you seek legal and other professional counsel before acting or refraining from action in relation to bankruptcy. It's worth the cost.

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Answered on 12/13/10, 9:43 am


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