Having a debt resulting from the violation of the Colorado’s Mechanic’s Lien Trust Fund Statute, commonly known as the Construction Trust Fund Statute, declared non-dischargeable in bankruptcy may be more difficult due to a 2013 U.S. Supreme Court ruling.
The Construction Trust Fund Statute provides that “all funds disbursed to any contractor or subcontractor under any building, construction or remodeling contract or on any construction project shall be held in trust for the payment of the subcontractors, laborer or material suppliers, or laborers who have furnished laborers, materials, services, or labor, who have a lien, or may have a lien, against the property, or who claim, or may claim, against a principal and surety under the provisions of this article and for which such disbursement was made.” A person who violates this statute is guilty of theft.