Hawaii Bankruptcy Exemptions
The chart below contains a summary of Hawaii state bankruptcy exemptions and other relevant statutory laws.
Click here for complete State of Hawaii bankruptcy exemptions laws.
Note: Federal bankruptcy exemptions are available.
Click here for Federal Bankruptcy Exemptions
Personal exemptions allowed by Hawaii Bankruptcy Laws
Note: Under the 2005 bankruptcy law, almost all types of tax-exempt retirement accounts are exempt in bankruptcy whether state or Federal exemptions are used. Exemptions for 401(k)s, 403(b)s, profit-sharing and money purchase plans, and defined benefit plans include the entire account amounts. However, with traditional and Roth IRAs, the exemption is limited to a total value of $1,171,650 per person for all accounts held by the debtor (not per account). The total value amount is adjusted every three years for inflation. The relevant statutes: 11 U.S.C. §522(d)(12) for Federal bankruptcy exemptions; 11 U.S.C. §522(b)(3)(C) for state bankruptcy exemptions.
| ASSET | EXEMPTION | LAW |
|---|---|---|
| Hawaii Homestead | For debtor who is head of family or 65 years old or older: to $30,000. For all others: to $20,000. Note: property cannot exceed one acre. Property held as tenancy by the entirety may be exempt against debts owed by only one spouse. | 651-91; 651-92; 651-96 |
| Wages | Unpaid wages due for services of the past 31 days. | 651-121(6) |
| Automobile | Up to wholesale value of $2,575 | 651-121(2) |
| Other property | Accident, health, or sickness benefits | 431:10-231 |
| Appliances and furnishings | 651-121(1) | |
| Clothing | 651-121(1) | |
| Burial plot to 250 square feet plus tombstones, monuments, and fencing | 651-121(4) | |
| Tools, implements, books, instruments, uniforms, furnishings, fishing boat, nets, motor vehicle, and other property needed for livelihood | 651-121(3) | |
| Wildcard | None |
Note: While this reference information is current as of August 2010, it may not reflect the most up-to-date exemption figures on official state of Hawaii bankruptcy court statutes.
Back to all State Bankruptcy Exemptions
Go to Complete State of Hawaii bankruptcy exemptions laws.
Go to Federal Bankruptcy Exemptions
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