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Planning and Filing Colorado Bankruptcy Cases
The best-planned bankruptcy cases go unnoticed. A few debtors glide through the system without attracting attention and receive full discharges in record time. Luck is not involved, but rather each successful debtor begins planning strategically a few weeks or months in advance. These debtors know something that you don’t.
Free - 2010 Bankruptcy Strategies Explained
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Colorado Bankruptcy Laws - Limitations
Colorado Revised Statutes, "15-11-402. Homestead. The provisions of sections 38-41-201 and 38-41-204, C.R.S.,
provide for a homestead exemption but shall not create an allowance for the surviving spouse or minor children.
A personal representative's obligation to distribute property as an exempt property allowance under section
15-11-403, to pay money as a family allowance under section 15-11-404, or to distribute property to devisees,
heirs, or beneficiaries shall not be considered a debt, contract, or civil obligation, as referred to under
sections 38-41-201 and 38-41-202, C.R.S. History Source: L. 94: Entire part R&RE, p. 995, § 3, effective July 1,
1995."
Operation of Colorado bankruptcy laws
In practice, occupation of a home requires a physical presence of the debtor on a regular basis. Problems
arise because of multiple tracts, absence from the state, and divorce proceedings which fracture the application
of domicile rules. Clarifying both domicile and
residency through a written designation prevents surprises. If the validity of a homestead exemption is in
question, written agreements and designation provide many debtors with a solution. Note: Absence
from the country because of military service can not form the sole basis of abandonment.
Back to Colorado Bankruptcy Laws contents page.
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