QUESTION: One of your articles states that the proceeds of an annuity
are protected from creditors in the state of Colorado. But I can't
find any lawyers who can confirm that. Can you give me a citation to
support that claim?
REPLY: Most of the information I have provided in articles regarding
state specific forms of asset protection are based on information in
"The Attorney's Handbook on Consumer Bankruptcy and Chapter 13" by
John H. Williamson, Esq. (30th Edition, 2006; Argyle Publishing)
The author has compiled an exception summary of the state laws of each
state for each type of exempt property, with a citation to the
applicable statute. The statute regarding the proceeds of an annuity
for the State of Coloardo is CRS 10-7-106. By doing a search on that
with Google, I found the following web page that contains the language
of that statute.
(http://bankruptco.com/Documents/10-7-106ExclusiveRight.htm )
An online source of state specific information is provided by Jay
Adkisson and Chris Riser, authors of "Asset Protection: Concepts &
Strategies". See http://www.assetprotectionbook.com/
As a general rule, the best source of help with state creditor
exemptions is an experienced bankruptcy attorney in your state. A
bankruptcy attorney should be familiar with these statutes but few
other attorneys would need to be familiar with these rules. To find
someone in your state, just use Google or Yahoo and enter the name of
your state followed by [ bankruptcy attorney ].
Vern jacobs
The preceding comments are not legal advice because I'm not a lawyer
and these comments are not intended to constitute advice.