All deeds of gift, all
conveyances, and all transfers or assignments, verbal or written, of goods, chattels, or things in
action, or real property, made in trust for the use of the person making the same shall be void as
against the creditors existing of such person.
Source: R.S. p. 339, § 11. G.L. § 1261. G.S. § 1520. R.S. 08: § 2665. L. 21: p. 339, § 1.
C.L. § 5110. CSA: C. 71, § 11. CRS 53: § 59-1-11. C.R.S. 1963: § 59-1-11.
38-10-111.5. Trusts to establish or maintain eligibility for certain public assistance
void - exceptions. Any trust established by or for a person that consists of the person's individual
assets, income, or property of any kind is void for the purpose of establishing or maintaining
eligibility for any public assistance as provided by article 2 of title 26, child care assistance as
provided by part 1 of article 4 of title 26.5, or medical assistance as provided by articles 4, 5, and
6 of title 25.5, unless the trust is established in accordance with the provisions of sections 15-14-
412.6 to 15-14-412.9.
Source: L. 94: Entire section added, p. 1604, § 12, effective July 1. L. 2000: Entire
section amended, p. 1836, § 16, effective January 1, 2001. L. 2006: Entire section amended, p.
2022, § 117, effective July 1. L. 2022: Entire section amended, (HB 22-1295), ch. 123, p. 865, §
122, effective July 1.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1981–2026 · leading case:
In Re Alagna, 107 B.R. 301 (Bankr.D. Colo. 1989).
In Re Alagna, 107 B.R. 301 (Bankr.D. Colo. 1989).
· cites it 16× “Are creditors’ rights and claims in bankruptcy to the funds of the Savings Plans limited by state law, C.R.S. § 38-10-111, and, if so, is the Trustee thus precluded from recovering the funds of the Debtor’s Savings Plans? III.”
Peters v. Bryan (In Re Bryan), 469 B.R. 341 (Bankr.D. Colo. 2012).
· cites it 22× “Clark contends that the February 21, 2008 Fraudulent Transfer was void ab initio as to him under Colo. Rev. Stat. § 38-10-111 . Because it was void, Mr.”
Alberico v. Health Mgmt. Sys., Inc., 5 P.3d 967 (Colo. Ct. App. 2000).
· cites it 6× “Following submission of eross-motions for summary judgment, the trial court granted judgment in favor of defendants on the basis that the conveyance of the residence was void as to defendants under § 38-10-111, C.R.S. 1999. On this basis, the court ruled that DHF'"s liens were…”
In Re Cohen, 8 P.3d 429 (Colo. 1999).
· cites it 4× “In his supplemental brief, Cohen now argues that the oral spendthrift trust that he created violated both section 38-10-111 and public policy. With respect to section 88-10-111: Zane's transfer of settlement proceeds into the oral irrevocable spendthrift trust, while reserving…”
Zimmerman v. Mozer (In Re Mozer), 10 B.R. 1002 (Bankr.D. Colo. 1981).
“§ 544 and Colorado Revised Statutes, 1973, §§ 38-10-111 and 38-10-117. Defendants Mozer and First National Bank of Denver maintain that the second claim carries with it a right to trial by jury, and request trial to a jury.”
Peters v. Bryan (In Re Bryan), 415 B.R. 454 (Bankr.D. Colo. 2009).
· cites it 22× “” As further support for their position, the Defendants rely upon In re Baum, 124 a Tenth Circuit decision applying Colo.Rev. Stat. § 38-10-111. Defendants’ reliance upon § 38-10-111 is misplaced for two reasons.”
People v. Woodford, 97 P.3d 968 (Colo. 2004).
· cites it 3× “See C.R.S. § 38-10-111. Through this advice, the respondent violated Colo.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.