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.
|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)|
|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)|
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.