Many construction professionals have experienced instances when those they have contracted with have been paid by others but have failed to pay their obligations to the construction professional. The Colorado legislature attempted to remedy this unfair situation through enactment of the C.R.S. § 38-22-127(1), the “Colorado Trust Fund Statute.” Many are familiar with this statute and the ability of contractors to seek redress in court. Remedies for violation of the Colorado Trust Fund Statute include trebled damages, attorney fees and costs. Unfortunately, many of these same construction professionals expend significant resources obtaining judgments only to be served with a notice of bankruptcy by the non-paying contractor or the individual owners of the company. In such instances construction professionals continue to have options to attempt to remedy this additional insult.