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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 in Colorado (2026): Exemptions & Means Test

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

Sources and References

  1. 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
  2. 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
  3. 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
  4. U.S. Bankruptcy Court for the District of Colorado (single statewide district; forms, local rules, exemptions, self-help guide)(cob.uscourts.gov).gov
  5. 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)
  6. U.S. Trustee Program, Means Testing overview (median income and update schedule)(justice.gov).gov
  7. 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)
  8. 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)
  9. 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)
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