Skip to content
303-825-0197Client Portal

Filing in Colorado

Filing bankruptcy in Colorado, wherever in Colorado you live

Colorado has one federal bankruptcy court for the entire state. Someone filing from Durango and someone filing from Thornton are in the same court, under the same local rules, measured against the same median income. What changes from one county to the next is narrower than people expect.

I have practiced consumer bankruptcy in Colorado for twenty-five years. This page gives you the statewide picture, and the regional pages linked below cover what is actually different where you live.

One thing first, because it matters for every page in this section. I serve clients throughout Colorado, and you can work with me from home. Consultations, Strategy Sessions, documents, and the 341 meeting all happen by phone, video, and a secure portal so that you can work with me from home. I explain why on the firm page.

How the firm works here

You can work with me from home. Consultations, documents, and the meeting of creditors happen by phone, video, and a secure portal, so you do not travel anywhere to work with me. There is no office to visit in any city.

How working from home works

Which court handles bankruptcy in Colorado?

Every bankruptcy case filed by a Colorado resident goes to the United States Bankruptcy Court for the District of Colorado. The whole state is a single district. There are no separate northern or southern divisions to choose between, and a case does not move courts because you move from Pueblo to Fort Collins partway through.

The courthouse is in downtown Denver, at the U.S. Custom House, 721 19th Street, Denver, Colorado 80202. Most people with an ordinary consumer case never go there. Filing is electronic, and hearings and creditor meetings are held by Zoom.

Where you file is set by federal law, not preference. Under 28 U.S.C. § 1408, you file in the district where you have lived for the greater part of the 180 days before filing. For most Coloradans, that is simply Colorado. For someone who moved here recently, it is a real question, and one I am glad to work through with you.

Is the 341 meeting in person in Colorado?

No, the meeting of creditors, called the 341 meeting after the section of the Bankruptcy Code that requires it, is held by video on Zoom for Colorado cases. The U.S. Trustee Program, which oversees trustees in Region 19, moved the District of Colorado to virtual 341 meetings for Chapter 7, 12, and 13 cases filed on or after December 1, 2022, and publishes each trustee's meeting information on its Region 19 page.

In practice, this means you appear from home or from your car on a lunch break. I am on the call with you the whole time.

Who are the trustees in Colorado?

A Chapter 7 case is assigned to one of a panel of private trustees who review the filing and run the 341 meeting. A Chapter 13 case goes to a standing Chapter 13 trustee who reviews the plan and collects and distributes the monthly payments. Colorado currently has two standing Chapter 13 trustees, Adam M. Goodman and Douglas B. Kiel, and cases are divided between them largely by the county you live in.

Neither kind of trustee is on your side or against you. Their job is to make sure the case complies with the Bankruptcy Code. A well prepared filing draws very little attention, which is the outcome you want, and careful preparation is the part my team and I take on for you.

Does the means test change by county in Colorado?

Partly. The means test, the income calculation in 11 U.S.C. § 707(b) that decides who qualifies for Chapter 7, starts by comparing your household income over the six months before filing against the Colorado median for a household your size. That median is one statewide figure published by the U.S. Trustee Program. It is the same in Aspen as in Alamosa.

The second step is where geography enters. For people above the median, the calculation deducts allowed expenses, and the allowance for housing and utilities comes from the IRS Local Standards, which are set county by county. A household in Boulder County and an otherwise identical household in Pueblo County get different housing allowances, and that difference can decide the result. I walk through the whole calculation in the Colorado means test explained.

What property does Colorado let you keep?

For most people, the first worry is the home. Colorado requires its residents to use Colorado's own exemptions rather than the federal list, and the homestead exemption protects up to $250,000 of equity in the home you live in, or $350,000 if you, your spouse or a dependent living with you is 60 or older or disabled.

Retirement accounts are protected. So is a defined amount of vehicle equity, household goods and tools of a trade. The exemptions are the same across the state, but home values are not, so the homestead does very different work in Pueblo than in Boulder. The regional pages say more, and Colorado bankruptcy exemptions covers the full list.

The exemptions only belong to you once you have been domiciled in Colorado for 730 days before filing. If you moved here more recently, federal law may point you to the exemptions of the state you came from, which is one of the first things I check for anyone new to Colorado.

What about student loans in Colorado?

Federal student loan discharge happens through a separate lawsuit inside the bankruptcy case, called an adversary proceeding. In Colorado those cases are filed in the same District of Colorado court, and appeals run to the Tenth Circuit, which has applied the undue hardship test with attention to the whole of the borrower's circumstances rather than the harshest possible reading. Since the Department of Justice's November 2022 guidance, the government has a consistent process for evaluating these cases, built around an attestation the borrower completes.

This work is a large part of my practice, and I know how long many borrowers have carried these loans. The details are on the student loan discharge page and in can federal student loans be discharged in bankruptcy.

Where in Colorado do I work with clients?

Anywhere in the state, because the court is statewide and the whole process can be done from home. The regional pages cover the things that do vary: which county court handles collection lawsuits against you, which IRS housing figure applies, and the kinds of cases I tend to see in each place.

Denver metro, including Aurora, Lakewood, Englewood, Littleton, Arvada, Westminster and Thornton. Northern Colorado, including Fort Collins, Loveland, Greeley, Windsor and Longmont. Colorado Springs and Pueblo, including Monument and Fountain. Boulder County and Broomfield, including Louisville and Lafayette. The High Country and Western Slope, including Grand Junction, Montrose, Durango, Glenwood Springs, Summit County, the Vail Valley, Aspen and Steamboat Springs.

Wherever you live in Colorado, the statewide rules above are the ones that govern your case, and I am glad to help you just the same. When you are ready, the first real conversation is a paid Strategy Session where I look at your actual numbers and we talk through your options. Here is how to set one up, and here is how bankruptcy works if you are earlier than that.

Questions

What people here ask me

Do I have to go to the courthouse in Denver to file bankruptcy?

No! Petitions are filed electronically, the 341 meeting is held on Zoom, and most consumer cases end in a discharge without you appearing in a courtroom. If a hearing is needed, I tell you well in advance what it involves and how you appear, so nothing catches you by surprise.

Can a Colorado bankruptcy attorney help me if I live in a small town?

Yes. Colorado is one federal district, so the court, the rules and the median income are the same in Craig as in Denver. Because you can work with me from home, where you live changes very little about how the case runs, and you receive the same attention as anyone else.

Is the Colorado median income for the means test different in each county?

No. The median income comparison uses one statewide Colorado figure for each household size, published by the U.S. Trustee Program. What varies by county is the IRS housing and utility allowance used in the second part of the calculation.

I moved to Colorado last year. Can I file here?

You can usually file in Colorado once you have lived here for the greater part of the 180 days before filing. Which exemptions you use is a separate question, because Colorado's exemptions require 730 days of Colorado domicile. Every case turns on its facts, and this one especially, so it is worth talking through before you file.

You do not have to figure this out alone.

From the first call, you will be treated with kindness and respect, and without judgment. You can call my office or book a Strategy Session yourself, and no one will pressure you.