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Hawaii Bankruptcy Exemptions


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Hawaii Bankrupcty Exemptions Summary

(details below...)

Homestead

Head of family or over 65 to $30,000; all others to $20,000; property cannot exceed 1 acre; sale proceeds exempt for 6 months after sale (husband & wife may not double).

  (more...)

Personal Property

Jewelry, watches, & articles of adornment to $1,000
100% of Appliances & furnishings, Books & Clothing used by debtor and family
100% of Tools, implements, books, instruments, uniforms, furnishings, fishing boat, nets, motor vehicle, & other property needed for livelihood

   (more...)

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Homestead | Insurance | Misc | Retirement | Personal Property | Public Benefits | Tools of Trade | Wages | Wild Card |

Hawaii Bankruptcy Exemptions

Does Hawaii Adjust Exemptions for Inflation?

Some states adjust exemption amounts for inflation. Hawaii does not.

Can I Use the Federal Bankruptcy Exemptions in Hawaii?

Federal Bankruptcy Exemptions Available?

Yes. Federal exemptions available.

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Background of state "opt out" laws

Every state has a list of exemptions that protect specific types and amounts of property from collections on judgements within that state.

When bankruptcy law was first modernized 50 years ago, the proposal was to have a federal list of bankruptcy exemptions apply uniformly across all 50 states. Many states objected to this idea, because state collection law had traditionally ruled that issues of collections and "asset protection" were matters of state, not federal law. So a compromise was struck, that allows states to "opt out" of the federal bankruptcy exemptions. 

Federal Non-Bankruptcy Exemptions

Federal "non-bankruptcy" exemptions are available in every state

You are entitled to use so-called federal "non-bankruptcy" exemptions in addition to your state law exemptions.

Non-bankruptcy exemptions are those exemption provisions of U.S. law that are NOT part of the bankruptcy code section section 522(d).

The four most significant non-bankruptcy exemptions are for

  • Wages (a general cap on what percentage of your wages can be garnished),
  • Social Security benefits,
  • Civil Service benefits,
  • Veterans Benefits

Other so called "non-bankruptcy" exemptions mostly deal with various benefits to government and military personnel, with a few odd laws regarding specially-regulated labor markets such as railroad workers, seamen, and longshoremen.

 

Disclaimer

Disclaimer

Citations and links to primary law and secondary sources are provided for those who wish to do further research. Every effort has been made to make this information up to date and accurate, but laws can and do change without notice. Persons relying on this information are responsible for confirming its timeliness and accuracy before relying on it. (This information was updated for April 2019.)

Also bear in mind that these brief summaries do not list every detail or exception to these exemptions. For example, there are often exceptions for collection of child support debt and/or taxes. These listings are designed to inform you of laws that exist for your benefit, so that you may exercise what rights you may have.

Finally, this website is intended to provide information only. It cannot answer whether your property does or does not qualify for a specific exemption.

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Homestead

Hawaii Homestead Exemption

Head of family or over 65 to $30,000; all others to $20,000; property cannot exceed 1 acre; sale proceeds exempt for 6 months after sale (husband & wife may not double).

Amount Joint amount

30000

30000

NOTE: Residency Requirement Caps Maximum Homestead at $160,375 if you've recently moved to a State that allows more than that

Under the 2005 bankruptcy law, you must be have lived in the state for at least 40 months (3 years + 4 months) before you can claim any homestead protection greater than $160,375. (If your state's exemption offers less than this amount, the law is irrelevant to you.) .

IF you are moving to another state, OR you moved to Hawaii within in the last two years, click here.

Federal Non-Bankruptcy Homestead Exemptions (available in every State)

These are exemptions under federal law, and not part of the bankruptcy code, so states cannot "opt out" from these exemptions.

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US Bankruptcy Code § 522(d) Homestead Exemption

Can a Hawaii debtor use the Federal Bankruptcy exemptions instead of Hawaii exemptions?

Yes. Federal exemptions available.

The Federal Bankruptcy Exemptions under 11 U.S.C. § 522(d) are available to you if

  • you haven't lived in any state longer than 180 days for a while,
  • or
  • if your state allows the Federal exemptions as a choice.

Home Valuation tool

Just add your street address to get an estimate of the value of your house, and all others in your neighborhood. (Note: Does not serve all areas, and valuations are imperfect estimates only.)

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TBE

Does Hawaii Recognize Tenancy by the Entirety?

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Insurance

Hawaii Insurance Exemptions

Federal Non-Bankruptcy Insurance Exemptions (available in all states)

US Bankruptcy Code § 522 Insurance Exemptions

The Federal Bankruptcy Code Exemptions under section 522 are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Hawaii allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

Yes. Federal exemptions available.

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Misc

Hawaii Miscellaneous Exemptions

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US Bankruptcy Code § 522 Miscellaneous Exemptions

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Does Hawaii allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

Yes. Federal exemptions available.

The Federal Bankruptcy Exemptions are available to you if
  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

 

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Pensions

Hawaii Pension Exemptions

Federal Non-Bankruptcy Pension & Retirement Exemptions (available in every state)

Federal Bankruptcy Code § 522(d) Pension & Retirement Exemptions

The Federal Bankruptcy Exemptions under 11 U.S.C are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Hawaii allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

Yes. Federal exemptions available.

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Personal Property

Hawaii Motor Vehicle Exemption & Other Personal Property Exemptions

Hawaii Motor Vehicle Exemption

$2,575

Hawaii Personal Property Exemptions

Federal Non-Bankruptcy Personal Property Exemptions (available in every state)

Federal Bankruptcy Code § 522(d) Personal Property Exemptions

The Federal Bankruptcy Exemptions are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Hawaii allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

Yes. Federal exemptions available.

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Public Benefits

Public Benefits Exemptions for Hawaii

Federal "non-bankruptcy" Public Benefits exemptions (available in all states)

Federal Bankruptcy Code §522(d) Public Benefits Exemptions

The Federal Bankruptcy Exemptions are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Hawaii allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

Yes. Federal exemptions available.

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Tools of Trade

Hawaii Tools of Trade Exemptions

Hawaii Tools of Trade Exemptions

Federal non-bankrupcty Tools of Trade Exemptions

US Bankruptcy Code § 522 (d) Tools of Trade Exemptions

The Federal Bankruptcy Exemptions are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Hawaii allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

Yes. Federal exemptions available.

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Wages

Hawaii Wage Garnishment

Federal Non-Bankruptcy Law (available in all states)

Federal "non-bankruptcy" law also offers exemption protection for wages.

US Bankruptcy Code § 522 Wage Garnishment Exemptions

The Federal Bankruptcy Exemptions are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Hawaii allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

Yes. Federal exemptions available.

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Homestead | Insurance | Misc | Pensions | Personal Property | Public Benefits | Tools of Trade | Wages | Wild Card |

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WildCard

Hawaii WildCard Exemption

None

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Federal Bankruptcy Wildcard Exemptions

The Federal Bankruptcy Exemptions are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Hawaii allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

Yes. Federal exemptions available.

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