Colorado § 13-54-101 - Definitions.

§ 13-54-101. Definitions.

As used in this article, unless the context otherwise requires:

(1) "Debtor" means a person whose property or earnings are subject to attachment, execution, or garnishment.

(2) "Dependent" means a person who receives more than one-half of his support from the debtor.

(2.5) "Disabled debtor", "disabled spouse", or "disabled dependent" means a debtor, spouse, or dependent who has a physical or mental impairment that is disabling and that, because of other factors such as age, training, experience, or social setting, substantially precludes the debtor, spouse, or dependent from engaging in a useful occupation as a homemaker, a wage-earner, or a self-employed person in any employment that exists in the community for which he or she has competence.

(3) Repealed.

(3.5) "Elderly debtor", "elderly spouse", or "elderly dependent" means a debtor, spouse, or dependent who is sixty years of age or older.

(4) "Household goods" means, by way of illustration, household furniture, furnishings, dishes, utensils, cutlery, tableware, napery, pictures, prints, appliances, stoves, microwave ovens, beds and bedding, freezers, refrigerators, washing machines, dryers, exercise equipment, musical instruments, bicycles, sewing machines, toys, and home electronics, including but not limited to cameras, television sets, radios, stereos, computers, facsimile machines, telephones, and other audio and video equipment.

(5) "Value" means the fair market value of any property less the amount of any lien thereon valid as between the owner of the property and the holder of any such lien.

Source: L. 59: p. 529, § 1. CRS 53: § 77-13-1. C.R.S. 1963: § 77-2-1. L. 81: Entire section R&RE, p. 892, § 1, effective July 1. L. 2000: (4) amended, p.715, § 1, effective May 23. L. 2007: (2.5) and (3.5) added and (4) amended, p. 875, § 2, effective May 14. L. 2015: (3) repealed, (SB 15-283), ch. 301, p. 1237, § 1, effective July 1.

Cross references: For the legislative declaration contained in the 2007 act enacting subsections (2.5) and (3.5) and amending subsection (4), see section 1 of chapter 226, Session Laws of Colorado 2007.

ANNOTATION

Law reviews. For article, "Legislative Update", see 11 Colo. Law. 2142 (1982). For article, "Rights of the Debtor and Creditor to Retirement Plan Benefits; An Update", see 25 Colo. Law. 45 (May 1996).

Movie camera and movie projector are not exempt "household goods" for purposes of a bankruptcy proceedings, but are recreational items. Gen. Fin. Corp. v. Ruppe, 3 B.R. 60 (Bankr. D. Colo. 1980); In re Whitney, 70 B.R. 443 (Bankr. D. Colo. 1987).

Stereo system is household goods. In re Whitney, 70 B.R. 443 (Bankr. D. Colo. 1987).

Applied in In re Hellman, 474 F. Supp. 348 (D. Colo. 1979); Redin v. Fidelity Fin. Servs., 14 B.R. 727 (Bankr. D. Colo. 1981); In re Alvarez, 14 B.R. 940 (Bankr. D. Colo. 1981); In re Ferguson, 15 B.R. 439 (Bankr. D. Colo. 1981); In re Janesofsky, 22 B.R. 973 (Bankr. D. Colo. 1982).