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COLORADO EXEMPTION LIST

How to use this table of exemptions, by Attorney Thomas A. Prediletto.

The following is a summary of the Colorado exemptions that can be claimed (used) to exempt both your real and personal property in a bankruptcy petition. However, if your residence has not been continuously in the state of Colorado for the two years prior to filing a bankruptcy petition, there are laws that apply as to which state or federal exemptions may be used.

Exempt property of a debtor is property of the debtor that is not available to be used (sold) to pay his/her unsecured creditors and is not subject to the claims of unsecured creditors, but may be subject to the rights of secured creditors and lien holders. When reviewing the list for exemptions for your own property you should be aware that there may not be a “matching” exemption. Some state exemptions contain a “wildcard” which can be used if a matching exemption cannot be found in the list of exemptions. Also, an individual must own an interest in the property to claim the property as exempt.

The debtor may exempt the equity (value of property less the total amount owed against it) however; any equity value in the property above the exemption amount may be subject to the claims of unsecured creditors.

By way of example, if you own a home worth $250,000 and owe a total of $200,000 against it (combining all mortgage/home equity lines of credit and/or liens against the property) the amount of equity you would need to protect is $50,000. So long as the homestead exemption is more than $50,000 the full amount of the equity is exempt and not subject to the claims of your unsecured creditors. In the alternative, say the home is worth $250,000 and you only owe $100,000 against it, anything over the exemption amount is subject to the claims of the unsecured creditors.

The same type example would apply to a motor vehicle, though the exemption for a motor vehicle is less than the amount of the exemption for a home.

Please note that all of the exemptions may be doubled if a married couple is filing, with the exception of the homestead exemption.

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Description LAW Max
Individual
Amount
Max
Joint Amount
Armed Forces Pension CRS 13-54-102(1)(h) UNLIMITED
Burial Sites For Family Members CRS 13-54-102(1)(d) UNLIMITED
Child Or Domestic Support Obligation CRS 13-54-102(u), 13-54-102.5 UNLIMITED
Crime Victims Reparation Law Awards CRS 13-54-102(1)(q) UNLIMITED
Disability Benefits CRS 13-54-102(v) UNLIMITED
Disposable Earnings CRS 5-5-105, 13-54-104 UNLIMITED
Earned Income Tax Credit Refund CRS 13-54-102(1)(o)(ll) UNLIMITED
Fire & Police Pensions CRS §31-31-101 UNLIMITED
Fraternal Benefit Society Benefits CRS 10-14-403 UNLIMITED
Health Aids CRS 13-54-102(1)(p) UNLIMITED
Health Care Availability Act-Tort Judgments CRS 13-64-210 UNLIMITED
Homestead Occupied By Elderly Or Disabled CRS 38-41-201(1)(b) $90,000.00 $90,000.00
Homestead Or Mobile Home If Occupied As Home CRS 38-41-201(1)(a), 38-41-201.6, 38-41-202 $60,000.00 $60,000.00
Homestead Sale Proceeds CRS 38-41-207 $60,000.00 $60,000.00
Household Goods CRS 13-54-102(1)(e) $1,500.00 $3,000.00
Insurance - Loss Of Homestead CRS 38-41-209 UNLIMITED
Insurance - Loss/Destruction Of Property CRS 13-54-102(1)(m) UNLIMITED
Insurance - Sickness & Accident CRS 10-16-212 UNLIMITED
Library - Personal Pictures, Books CRS 13-54-102(1)(c) $1,500.00 $3,000.00
Library - Professional Person CRS 13-54-102(1)(k) $3,000.00 $6,000.00
Life Insurance - Beneficiary CRS 13-54-102(1)(I)(I)(B) UNLIMITED
Life Insurance - Cash Surrender CRS 13-54-102(1)(I)(I)(A) $25,000.00 $50,000.00
Life Insurance Policies - Avails CRS 13-54-102(1)(l) UNLIMITED
Life Insurance Proceeds - Annuity CRS 10-7-106, CRS 13-54-102(1) UNLIMITED
Life Insurance Proceeds - Group CRS 10-7-205 UNLIMITED
Livestock, Poultry, Machinery, And Tools Of Farmer CRS 13-54-102(1)(g) $50,000.00 $50,000.00
Motor Vehicle Of Elderly Or Disabled CRS 13-54-102(1)(j)(ll) $10,000.00 $20,000.00
Motor Vehicle or Bicycle Used by any Debtor CRS 13-54-102(1)(j)(I) $5,000.00 $10,000.00
Motor Vehicle Proof of Fin. Resp. Pmts. CRS 42-7-418 UNLIMITED
Pension Benefits CRS 13-54-102(1)(s) UNLIMITED
Pension Benefits - Firemen, Police CRS 31-30.5-208 UNLIMITED
Personal Injuries Proceeds CRS 13-54-102(1)(n) UNLIMITED
Property Of Cemetery Companies CRS §7-47-106 UNLIMITED
Provisions And Fuel CRS 13-54-102(1)(f) $300.00 $600.00
Public Assistance Payments CRS 26-2-131 UNLIMITED
Public Employees Deferred Compensation CRS 24-51-1601 UNLIMITED
Retirement Benefits - Educ. Empl. Opt. Retire. Fund CRS 24-54.5-107 UNLIMITED
Retirement Benefits - Public Employees CRS 24-51-212 UNLIMITED
Retirement Benefits - Student Empl. Retire. Plan CRS 24-54.6-106 UNLIMITED
Retirement Benefits - Teachers CRS 22-64-120 UNLIMITED
Retirement Funds For Employees Of Local Governments CRS §24-54-111 UNLIMITED
Security & Utility Deposits Held CRS 13-54-102(1)(r) UNLIMITED
Specific Partnership Property CRS 7-60-125 UNLIMITED
Stock In Trade, Equipment & Tools (not vehicles) CRS 13-54-102(1)(i) $10,000.00 $20,000.00
Unemployment Compensation Benefits CRS 8-80-103 UNLIMITED
Watches, Jewelry & Articles Of Adornment CRS 13-54-102(1)(b) $1,000.00 $2,000.00
Wearing Apparel CRS 13-54-102(1)(a) $1,500.00 $3,000.00
Workmen's Compensation Benefits CRS 8-42-124 UNLIMITED