Colorado
Bankruptcy in Colorado (2026): Exemptions & Means Test
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 5 primary sources cited on this page. How we verify our legal content

Bankruptcy is a federal process, but what you keep depends on your state's exemptions, and Colorado made two key choices. Colorado opted out of the federal bankruptcy exemptions, so filers must use the Colorado exemptions, and the state pairs that with a high homestead protection and a comparatively generous motor-vehicle exemption. This guide explains how Chapter 7 and Chapter 13 work for Colorado residents, the main Colorado exemptions, and the current Chapter 7 means-test income figures, all dated to primary sources.
This guide is part of our Bankruptcy by State series. It is general information, not legal advice, and exemption and income figures change, so confirm current amounts before relying on them.
Colorado opted out: state exemptions only
The threshold question in any bankruptcy is which exemptions apply, because exemptions decide what you keep. Under 11 U.S.C. 522(b), a state may keep the federal exemption menu available or opt out and require its own. Colorado opted out. Colorado Revised Statutes section 13-54-107 provides that the exemptions in 11 U.S.C. 522(d) are denied to Colorado residents, and that a debtor's exemptions are limited to those expressly provided by Colorado statute. So a Colorado filer cannot use the federal list at all and must rely on the Colorado exemptions in the Colorado Revised Statutes, published by the Colorado General Assembly. The good news is that several Colorado exemptions, especially the homestead and the vehicle, are among the more generous in the country.
The Colorado homestead exemption: $250,000 (or $350,000)
Colorado protects a substantial amount of home equity. Under Colorado Revised Statutes section 38-41-201, a homestead occupied as a home by an owner or the owner's family is exempt up to $250,000 in actual cash value above any liens or encumbrances. The amount rises to $350,000 if the homestead is occupied by an owner, spouse, or dependent who is elderly or disabled, with elderly defined as age 60 or older. These amounts were enacted by Senate Bill 22-086 in 2022, which sharply increased the prior figures. They are fixed dollar amounts written into the statute rather than figures that index automatically with inflation, so while they are high they do not rise each year on their own, and the legislature would have to amend the statute to raise them again. Confirm the current amount before relying on it, since exemption statutes are periodically revisited. The Colorado homestead applies automatically and protects the equity, not the full value, of the home.

Vehicle, personal property, and wage exemptions in Colorado
Colorado's other exemptions, set mainly in Colorado Revised Statutes section 13-54-102, are robust compared with many states. The motor-vehicle exemption covers up to two vehicles or bicycles in an aggregate value of $15,000, increasing to $25,000 if the debtor, or the debtor's spouse or dependent, is elderly or disabled. Household goods are exempt up to $6,000, necessary wearing apparel up to $2,000, and watches, jewelry, and articles of adornment up to $2,500. Tools of the trade, equipment, and stock used in the debtor's primary occupation are exempt up to $60,000 in aggregate (and up to $20,000 for a secondary occupation), with a separate $3,000 exemption for a professional library. Colorado also protects most disability benefits and a portion of wages. Because Colorado is an opt-out state, there is no general federal-style wildcard, so these category limits, not a flexible cash exemption, define what personal property you can keep.
The Chapter 7 means test and Colorado median income
Chapter 7 erases most unsecured debt, but you must pass the means test, which starts by comparing your household income to the median family income for Colorado and your household size. The U.S. Trustee Program publishes those medians from Census Bureau data and updates them periodically. For cases filed on or after April 1, 2026, the Colorado median family income figures are $87,940 for one earner, $109,497 for a household of two, $130,850 for three, and $153,501 for four, adding $11,100 for each additional person. If your income is at or below the figure for your household size, you generally qualify for Chapter 7. If it is above, you complete the full means-test calculation that subtracts allowed living expenses to determine whether you still qualify or should file Chapter 13. These figures change roughly twice a year, so verify the current table at filing.
Chapter 7 versus Chapter 13 in Colorado
Chapter 7 is a liquidation: a trustee may sell non-exempt property to pay creditors, and most remaining unsecured debt is discharged within a few months. With Colorado's large homestead and vehicle exemptions, many filers keep everything they own, but a high-value non-exempt asset can be at risk. Chapter 13 is a three-to-five-year repayment plan that lets you keep your property and cure missed mortgage or vehicle payments over time, which makes it the common tool for stopping a foreclosure. The moment either case is filed, the automatic stay under 11 U.S.C. 362 halts most collection, including foreclosure sales, repossessions, lawsuits, and wage garnishment. Federal law requires an approved credit-counseling course before filing and a debtor-education course before discharge.

Where you file: the Colorado bankruptcy court
Colorado is a single federal judicial district, so all Colorado bankruptcies are filed in the U.S. Bankruptcy Court for the District of Colorado, based in Denver. The court publishes local rules, official forms, a self-represented filer guide, and a list of the Colorado exemptions in its local rule on exemptions, and it serves the entire state rather than being divided into eastern and western divisions.
What bankruptcy can and cannot do
Bankruptcy discharges most unsecured debts, including credit cards, medical bills, and personal loans, but several debts survive. Most student loans remain unless you prove undue hardship in a separate proceeding, and recent income taxes, domestic-support obligations such as child support and maintenance, and most court fines are not dischargeable. Filing affects your credit for years, and because Colorado limits you to its own exemptions, the timing and how your property fits the Colorado category limits matter, which is why many people review their situation with a licensed Colorado bankruptcy attorney. Nothing here predicts how a particular case will turn out; the result depends on your income, your property, and your debts.

Frequently Asked Questions
Does Colorado use state or federal bankruptcy exemptions?
Colorado uses state exemptions only. Under C.R.S. 13-54-107 the federal exemptions in 11 U.S.C. 522(d) are denied to Colorado residents, and a debtor is limited to the exemptions provided by Colorado statute. There is no option to choose the federal list.
What is the homestead exemption in Colorado?
Under C.R.S. 38-41-201 the Colorado homestead protects up to $250,000 in home equity, rising to $350,000 if the owner, a spouse, or a dependent is elderly (age 60 or older) or disabled. These amounts were set by Senate Bill 22-086 in 2022 and are fixed in the statute rather than automatically indexed for inflation, so confirm the current figure when you file.
What is the Colorado median income for the means test?
For Chapter 7 cases filed on or after April 1, 2026, the U.S. Trustee Program lists Colorado median family income as $87,940 for one person, $109,497 for two, $130,850 for three, and $153,501 for four, adding $11,100 for each additional person. The figures update periodically, so confirm the current table when you file.
Will I lose my house or car in a Colorado bankruptcy?
Often not. Colorado's $250,000 homestead (or $350,000 for elderly or disabled owners) lets many homeowners keep their homes, and a Chapter 13 plan can stop a foreclosure by curing missed payments. The motor-vehicle exemption protects up to $15,000 in vehicle equity, or $25,000 if you, your spouse, or a dependent is elderly or disabled. Whether any asset is at risk depends on your equity relative to these limits.
What is the Colorado motor-vehicle exemption?
Under C.R.S. 13-54-102, a debtor may exempt up to two motor vehicles or bicycles with an aggregate value of $15,000, increasing to $25,000 if the debtor, or the debtor's spouse or dependent, is elderly or disabled. Because Colorado opted out of the federal exemptions, there is no separate wildcard to add to this amount.
Where do I file bankruptcy in Colorado?
In the U.S. Bankruptcy Court for the District of Colorado, in Denver. Colorado is a single federal district that serves the whole state, and the court posts forms, local rules, and a guide for people filing without a lawyer.
What is the difference between Chapter 7 and Chapter 13 in Colorado?
Chapter 7 is a liquidation that discharges most unsecured debt in a few months, subject to the means test. Chapter 13 is a three-to-five-year repayment plan that lets you keep property and cure missed mortgage or car payments, which is why it is used to stop foreclosure. Both trigger the automatic stay that halts most collection.
What debts cannot be erased in bankruptcy?
Most student loans (absent proven undue hardship), recent income taxes, child support and maintenance, and most court fines generally survive a bankruptcy discharge. Credit cards, medical bills, and most personal loans are typically dischargeable.
Overwhelmed by debt in Colorado? Get a free bankruptcy consultation
Bankruptcy can stop foreclosure, wage garnishment, and creditor calls, and which debts you can clear and what property you keep depend on Colorado's exemptions. Get a free, confidential consultation with a Colorado bankruptcy attorney to understand your options. There is no obligation.
Updates
Corrected the motor-vehicle exemption: the higher $25,000 cap also applies when the debtor's spouse or dependent is elderly or disabled, not only the debtor, and the Colorado statute citations now link to the official published text of each section instead of the legislature's homepage.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Colorado Revised Statutes, Title 13: Courts and Court Procedure
§ 13-54-107Exemptions in bankruptcyIn force
The exemptions provided in section 522 (d) of the federal bankruptcy code of 1978, title 11 of the United States Code, as amended, are denied to residents of this state. Exemptions authorized to be claimed by residents of this state shall be limited to those exemptions expressly provided by the statutes of this state.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at olls.info
United States Code Title 11
§ 522ExemptionsIn forcecited in 53 of our articles
In this section— “dependent” includes spouse, whether or not actually dependent; and “value” means fair market value as of the date of the filing of the petition or, with respect to property that becomes property of the estate after such date, as of the date such property becomes property of the estate. Notwithstanding section 541 of this title, an individual debtor may exempt from property of the estate the property listed in either paragraph (2) or, in the alternative, paragraph (3) of this subsection. In joint cases filed under section 302 of this title and individual cases filed under section 301 or 303 of this title by or against debtors who are husband and wife, and whose estates are ordered to be jointly administered under Rule 1015(b) of the Federal Rules of Bankruptcy Procedure, one debtor may not elect to exempt property listed in paragraph (2) and the other debtor elect to exempt property listed in paragraph (3) of this subsection. If the parties cannot agree on the alternative to be elected, they shall be deemed to elect paragraph (2), where such election is permitted under the law of the jurisdiction where the case is filed.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 7,574 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Taylor v. Freeland & Kronz (1992) held that a trustee who does not object within the 30-day period cannot later challenge an exemption claimed under 522(l), even one with no statutory basis. Owen v. Owen (1991) held that 522(f) lien avoidance is not defeated by a state exemption written to exclude lien-encumbered property.
Opinions citing this section in our collection:
- Taylor v. Freeland & Kronz (Supreme Court of the United States 1992, 503 U.S. 638)✓A Chapter 7 debtor listed the entire proceeds of her TWA discrimination suit as exempt and the trustee let the 30-day objection window lapse; the Court held that under § 522(l) the property is exempt once no one objects, even absent a colorable statutory basis.
- Patterson v. Shumate (Supreme Court of the United States 1992, 504 U.S. 753)✓A debtor's $250,000 ERISA pension interest was excluded from his estate under § 541(c)(2); answering a surplusage argument, the Court read § 522(d)(10)(E) as exempting a broader set of plans, and expressly declined to decide whether § 522(b)(2)(A) also applied.
- Owen v. Owen (Supreme Court of the United States 1991, 500 U.S. 305)✓An ex-wife's judgment lien attached to a Florida condo before state law made it a homestead; the Court held § 522(f) measures impairment against the exemption the debtor would have had but for the lien, so Florida's carve-out for prior liens did not defeat avoidance.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Bankruptcy Laws by State (2026): Exemptions & Means Test, Bankruptcy in Alaska (2026): Exemptions & Means Test, Bankruptcy in Arkansas (2026): Exemptions & Means Test
§ 362Automatic stayIn forcecited in 53 of our articles
Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, or an application filed under section 5(a)(3) of the Securities Investor Protection Act of 1970, operates as a stay, applicable to all entities, of— the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title; the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title; any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate; any act to create, perfect, or enforce any lien against property of the estate; any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title; any act to…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 19,606 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd. (1988) held that an undersecured creditor gets no interest as adequate protection under 362(d)(1) for delay caused by the stay. NLRB v. Bildisco & Bildisco (1984) applied 362(a) in requiring claims be pursued through bankruptcy administration, not suit.
Opinions citing this section in our collection:
- Clinton v. Jones (Supreme Court of the United States 1997, 520 U.S. 681)“…ublic interests. Brief for Petitioner 34-36. See, e. g., 11 U. S. C. § 362 (litigation against debtor stayed upon…”
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd. (Supreme Court of the United States 1988, 484 U.S. 365)✓An undersecured lender on a Houston apartment project sought monthly payments as the price of continuing the § 362(a) automatic stay; the Court held that 'adequate protection' under § 362(d)(1) does not entitle it to interest for the delay in foreclosing on its collateral.
- Pennzoil Co. v. Texaco Inc. (Supreme Court of the United States 1987, 481 U.S. 1)“…if it were forced to file for bankruptcy under Chapter 11. 11 U. S. C. §362 . Texaco, or its successor in interest,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Bankruptcy in Arizona (2026): Exemptions & Means Test, Bankruptcy in Alabama (2026): Exemptions & Means Test, Bankruptcy in Georgia (2026): Exemptions & Means Test
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Colorado General Assembly, Colorado Revised Statutes: C.R.S. 13-54-107 (opt-out, federal 522(d) exemptions denied), 38-41-201 (homestead $250,000 / $350,000), 13-54-102 (personal property and vehicle)(leg.colorado.gov).gov
- Colorado General Assembly, Senate Bill 22-086 (Homestead Exemption & Consumer Debt Protection), enacted text raising the homestead to $250,000 / $350,000(leg.colorado.gov).gov
- U.S. Trustee Program, Census Bureau Median Family Income by family size for cases filed on or after April 1, 2026 (means test)(justice.gov).gov
- U.S. Bankruptcy Court for the District of Colorado (single statewide district; forms, local rules, exemptions, self-help guide)(cob.uscourts.gov).gov
- Cornell Law School Legal Information Institute, 11 U.S.C. 522 (state opt-out authority under 522(b); federal exemptions denied to Colorado residents)(law.cornell.edu)
- U.S. Trustee Program, Means Testing overview (median income and update schedule)(justice.gov).gov
- Colorado General Assembly, Office of Legislative Legal Services, 2026 Colorado Revised Statutes Title 13 (official HTM): C.R.S. 13-54-102(1)(j) (motor vehicles, $15,000 / $25,000 where the debtor or the debtor’s spouse or dependent is elderly or disabled) and 13-54-107 (exemptions in bankruptcy; 11 U.S.C. 522(d) denied to Colorado residents)(olls.info)
- Colorado General Assembly, Office of Legislative Legal Services, 2026 Colorado Revised Statutes Title 38 (official HTM): C.R.S. 38-41-201 (homestead exemption, $250,000 / $350,000; "elderly" defined as sixty years of age or older)(olls.info)
- Colorado General Assembly, Office of Legislative Legal Services, 2026 C.R.S. titles download page (official source of the Title 13 and Title 38 files cited above)(content.leg.colorado.gov)