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Colorado Exemption Notes

Colorado's 2022 Exemption Overhaul (S.B. 22-086)

In 2022 Colorado made their exemptions more generous,  increasing the homestead exemption, from $75,000 to $250,000 in equity. 

It also

  • granted a very generous $12,000/$25,000 [60+ or disabled]  motor vehicle exemption and
  • $30,000 tools of trade exemption ($100,000 if in agriculture),
  • but no “wildcard” exemption.
  • But it did increase the "household goods"exemption to $6000/person and
  • added a new $2,500 Bank Account exemption.

All of this is especially good news because Colorado has "opted out" of the federal bankruptcy exemptions found in Section 522 of the Bankruptcy Code.

So your only option is to use the exemptions found in the Colorado Revised Statutes and federal non-bankruptcy law (like social security, ERISA, and railroad pension exemptions)

What Changed:

  • Increased the homestead exemption from $75,000 to $250,000 if the homestead is occupied as a home by an owner of the home or an owner's family;
  • and from $105,000 to $350,000 if the homestead is occupied as a home by an owner who is elderly or disabled, an owner's spouse who is elderly or disabled, or an owner's dependent who is elderly or disabled.
  • Homestead exemption covers non-traditional housing;
  • Reinstated bank account exemption up to $2,500;
  • increased vehicle exemption to $12,000/$25,000 [60+ or disabled];
  • Increased Household Goods exemption to $6,000/person;
  • Increased disability benefit exemption to $5,000/mo;
  • Increased farm equipment/livestock exemption to $100,000;
  • Added exemption for future economic stimulus payments;
  • Added firearm/hunting equipment exemption [up to $1,000];
  • Added exemption for health savings accounts [HSAs];
  • Added exemption for funds reserved for taxes & insurance on some reverse mortgages; and
  • keeps exemptions on unemployment & child support even if funds commingled.
  • Signed into law on April 7, 2022. Bill took effect upon Governor's signature.



Colorado Exemptions on the Web

  • Both Nolo, and UpSolve offer a discussion of Colorado exemptions.

OPT OUT STATUS:

Can I use the §522(d) Federal Bankruptcy Exemptions in Colorado?

No. Colo. Rev. Stat. § 13-54-107

KEY EXEMPTIONS:

Homestead

Real property, mobile home, manufactured home, or house trailer you occupy to $250,000; $350,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 2 years after received (husband & wife may double)

Motor Vehicle

Motor vehicles or bicycles used for work to $12,000; to $25,000 if used by a debtor or by a dependent who is disabled or age 60 or older

Wildcard

None

Personal Property

Clothing to $2,000
Food & fuel to $600
Health aids
Household goods to $6,000 per person
Jewelry & articles of adornment to $2,500
Family pictures & books to $2,000
Firearm/hunting equipment to $1,000
Bank Accounts to $2,500

See Also:
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  • Homestead

  • Homestead [US] Real property, including co-op or mobile home, or burial plot to $27,900; unused portion of homestead to $13,950 may be applied to any property
  • Tenancy by Entirety

  • Tenancy by Entirety [US] Tenancy by entirety is exempt only if debtor chooses State & Non-bankruptcy exemptions.
  • Insurance — Life, Disability

  • Insurance — Life, Disability [US] Disability, illness, or unemployment benefits
  • Insurance — Life, Disability [US] Life insurance payments from policy for person you depended on, needed for support
  • Insurance — Life, Disability [US] Life insurance policy loan value, in accured dividends or interest, to $14,875
  • Insurance — Life, Disability [US] Unamtured life insurance contract, except credit insurance policy
  • Pensions & Retirement Savings

  • Pensions & Retirement Savings [US] All types of retirement funds and accounts that tax-exempt under IRC section 401, 403, 408, 408A, 414, 457, or 501(a) ; IRAs & Roth IRAs limited to $1,512,350 (excluding rollover contributions); limitation can be overidden by judge.
  • Personal Property

  • Personal Property [US] Animals, crops, clothing, appliances, books, furnishings, household goods, musical instruments to $700 per item, $14,875 total
  • Personal Property [US] Health aids
  • Personal Property [US] Jewelry to $1,875
  • Personal Property [US] Lost earnings payments
  • Personal Property [US] Motor vehicle to $4,450
  • Personal Property [US] Personal injury recoveries to $27,900 (not to include pain & suffering or pecuniary loss)
  • Personal Property [US] Wrongful death recoveries for person you depended on
  • Public Benefits

  • Public Benefits [US] Crime victims' compensation
  • Public Benefits [US] Social Security
  • Public Benefits [US] Unemployment compensation
  • Public Benefits [US] Veteran's benefits
  • Tools of Trade

  • Tools of Trade [US] Implements, books, & tools of trade to $2,800
  • Wages

  • Wages [US] None
  • Wild Card

  • Wild Card [US] $1,475 of any property
  • Wild Card [US] Up to $13,950 of unused homestead exemption amount, for any property.
  • Miscellaneous

  • Miscellaneous [US] Alimony, child support needed for support
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