Colorado Bankruptcy Laws - Insurance and Benefits

Colorado Revised Statutes provide for the following insurance entitlements and contractual policy rights to be retained when filing under the Code:

• Disability benefits to $200 per month; if receive lump sum, entire amount exempt - 10-8-114
• Fraternal benefit society benefits - 10-14-122
• Group life insurance policy or proceeds - 10-7-205
• Homeowners’ insurance proceeds for 1 year after received, to homestead exemption amount - 38-41-209
• Life insurance avails to $5,000 - 13-54-102(1)(I)
• Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary’s creditors.

Operation of Colorado bankruptcy laws with the Code

According to 11 U.S.C. 522(l) "The debtor shall file a list of property that the debtor claims as exempt under subsection (b) of this section. If the debtor does not file such a list, a dependent of the debtor may file such a list, or may claim property as exempt from property of the estate on behalf of the debtor. Unless a party in interest objects, the property claimed as exempt on such list is exempt." The trustee, creditors, an interested party, or the Colorado bankruptcy court upon it's own motion, may file an objection to exemptions designated within a debtor's schedule. Denial requires notice to debtors and hearing.

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