I am a bankruptcy attorney and I would be happy to assist you. First, in order to qualify to file Chapter 7 you must meet the 2013 Department of Justice 'means test.' That means test states that your gross (before taxes
and deductions) for 1 year must be under the following in CO:
1 person household: $49,549
2 person household: $65,631
3 person household: $72,259
4 person household: $86,787
They determine the above figures by looking at your pay stubs or documents showing income from exactly 6 months prior to your bankruptcy filing, then multiplying by 2.
Workers’ compensation is exempt except for employer reimbursement and court-ordered support. Colo. Rev. Stat. § 8–42–124. This means that the government will use it to determine your income, but they may not take it from you.
Unemployment compensation is exempt as long it is not commingled with other funds and except for the enforcement of child support orders. Colo. Rev. Stat. § 8–80–103. Therefore, you may keep it in a separate account and it will also be exempt. However, it will also be included in determining your gross income in the means test to determine whether you qualify for Chapter 7. Only SSI received as unemployment is found to be not gross income in determining qualification of the debtor for Chapter 7.
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