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Colorado Bankruptcy Laws - Pensions

Colorado Revised Statutes provide for the following pension rights to be retained when filing under the Code, if earned in a qualified profession:

  • ERISA-qualified benefits, including IRAs - 13-54-102(1)(s)
  • Firefighters - 31-10-412, 31-30-518
  • Police officers - 31-30-313, 31-31-616
  • Public Employees - 24-51-212
  • Teachers - 22-64-120
  • Veterans

Operation of Laws

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 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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This site is not intended as legal advice. The Colorado bankruptcy law summaries are included as general information only. The Colorado bankruptcy court directory provides jurisdiction by county for Arvada, Aurora, Centennial, Colorado Springs, Denver, Fort Collins, Lakewood, Pueblo, Thornton, and Westminster. The Colorado bankruptcy lawyer directory provides state and county referral information, plus, law firm attorney discount availability. Content protected - Colorado Bankruptcy Laws, Courts & Lawyers - ©Copyright 1998-2005, all rights reserved.

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