This state has opted out of the federal exemptions, but the opt-
out applies only to its residents. “The exemptions provided in
section 522 (d) of the federal bankruptcy code of 1978 (Title
11 of the United States Code), as amended, are denied to
residents of this state.” Colo. Rev. Stat. § 13-54-107.
Therefore, if this state is the applicable state (as determined
by the method stated on the home page of this site), the
debtor may use the federal exemptions if the debtor is not a
resident of this state on the date of filing bankruptcy.
That is the holding in In re Underwood, 342 B.R. 358 (Bankr.N.
D.Fla.2006) (Because debtor was not a resident of Colorado
on date of filing and Colorado’s exemptions and opt-out were
limited to residents, debtor was eligible for federal exemptions.)
The Court permitted nonresident debtors to use the federal
exemptions in In re Jewell, 2006 WL 2258363 (Bankr.W.D.N.Y.
2006) (Debtors, who were not residents of Colorado on date of
filing were eligible for federal exemptions under the saving
provision in 11 USC § 522(b)(3).
A contrary holding is found in In re Wilson, 2015 WL 1850919
(D. Idaho 2015) (Colorado opted out for all debtors. So they
must use state exemptions, which are available.) This decision
is in error. The Court overlooked that the Colorado opt-out
statute expressly applies only to residents.
See discussion under Colorado homestead exemption for
dealing with it, if a nonresident debtor will be applying the
Colorado state exemptions.
For additional support for using the federal exemptions when
debtor cannot use Colorado's state exemptions, click here.