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Hawaii exemptions   HI Bankruptcy Exemptions

FEDERAL BANKRUPTCY EXEMPTIONS ARE AVAILABLE
All law references are to Hawaii Bankruptcy Code unless noted.

ASSET

EXEMPTION

LAW PROVISION

HOMESTEAD

Head of family or over 65 to $30,000 ; all others to $20,200 ; property cannot exceed 1 acre. sale proceeds exempt for 6 months after sale.

36-651-91, 36-351-92,

36-351-96

Property held as tenancy by the entirety may be exempt against debts owed by only one spouse

Security Pacific Bank v. Chang, 818 F.Supp. 1343

(D. Ha. 1993)

INSURANCE

Annuity contract or endowment policy proceeds if beneficiary is insured’s spouse, child or parent

24-431:10-232(b)

Disability benefits

24-431:10-231

Fraternal benefit society benefits

24-432:2-403

Group life insurance policy or proceeds

24-431:10-233

Life or health insurance policy for spouse or child

24-431:10-234

Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary’s creditors

24-431:10-D:112

MISCELLANEOUS

Property of business partnership

23-425-125

PENSIONS

ERISA-qualified benefits deposited over 3 years before filing bankruptcy

36-651-124

Firefighters

7-88-169

Police officers

7-88-169

Public officers and employees

7-88-94, 36-653-3

PERSONAL PROPERTY

Appliances and furnishings needed

36-651-121(1)

Books

36-651-121(1)

Burial plot to 250 square feet plus tombstones, monuments and fencing on site

36-651-121(4)

Clothing

36-651-121(1)

Housing down payments for home in state project

20-359-104

Jewelry and articles of adornment to $1,350

36-651-121(1)

Motor vehicle to wholesale value of $3,225

36-651-121(2)

Proceeds for sold or damaged exempt property; proceeds exempt only 6 months

36-651-121(5)

PUBLIC BENEFITS

Public assistance paid by Dept. of Health Services for work done in home or workshop

20-346-33

Unemployment compensation

21-383-163

Unemployment work relief funds to $60 per month

36-653-4

Workers’ compensation

21-386-57

TOOLS OF TRADE

Tools, implements, books, instruments, uniforms, furnishings, fishing boat, nets, motor vehicle and other personal property needed for livelihood

36-651-121(3)

WAGES

Unpaid wages due for services of past 31 days; after 31 days,

95% of 1st $100; 90% of 2nd $100; 80% of rest

36-651-121(6), 36-652-1

Prisoner’s wages held by Dept. of Public Safety

20-353-22

WILD CARD

NONE

 



Hawaii bankruptcy courts  Bankruptcy Courts
See the list below for Bankruptcy Courts by District. Click on the District link to go directly to that Bankruptcy Court's web site.

BANKRUPTCY COURTS NUMBER OF COPIES
District of Hawaii
1132 Bishop Street, Ste. 250L
Honolulu, HI 96813
Telephone: (808) 522-8100

None

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