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Hawaii Bankruptcy Exemptions

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

Federal Bankruptcy Exemptions Also Available
(see below)

Hawaii Bankrupcty Exemptions Summary

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).

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Auto/Truck (aka Motor Vehicle)

$2,575

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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

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Wild Card

None

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Wage Garnishment Law

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More Hawaii all_law_table_items...

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Hawaii Bankruptcy Exemptions

Hawaii Offers a Choice of Federal or State Exemptions

Hawaii law allows you to use the exemptions found in the U.S. bankruptcy code (11 U.S.C. § 522(d)) or the exemptions provided under Hawaii law. However, you cannot mix and match exemptions from the federal bankruptcy code and state law. You must choose one system or the other.

However, if you use the state law exemptions, there are a few U.S. 'non-bankruptcy' exemptions (that is, exemptions that exist outside of federal bankruptcy code) that you can use in addition to your state law all_law_table_items. 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, and
Veterans Benefits

Other 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, merchant sailors, and longshoremen.

NOTE: Federal Exemption amounts listed below reflect the April 1, 2019 adjustment for inflation every three years, and therefore do not match the figures shown in the federal exemption statutes. Click here for the April 1, 2019 inflation adjustments to Federal bankruptcy exemption amounts, published in the Federal Register.

Can you double exemptions for joint filers? (General principles)

If you are married and filing together, you and your spouse must use the same law; one cannot use federal law while the other uses state law. However, the exemption law chosen applies separately to each spouse. Thus, it is generally possible to double the amount of state law exemptions, Cheeseman v. Nachman, 656 F.2d 60 (4th Cir. 1981) (married couple filing a joint petition was entitled to double the Virginia homestead exemption), unless state law (e.g. California) specifically prohibits a couple from doubling certain exemptions. See First National Bank v. Norris, 701 F.2d 902 (11th Cir. 1984)(Alabama); Granger v. Watson, 754 F.2d 1490 (9th Cir. 1985)(California).

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.

Hawaii Homestead Exemption

Almost every state provides protection for equity in the family home, and many states have increased the amount of protection in recent years. Seven states offer unlimited protection. Most states are not as generous.

Federal Law Residency Requirement

Under the 2005 bankruptcy law, you must be have lived in the state for at least 40 months (three years and four 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.

Hawaii Exemptions

HI Exemptions
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)
Haw. Rev. Stat. § 651-91
Haw. Rev. Stat. § 651-92
Haw. Rev. Stat. § 651-96
Haw. Rev. Stat. § 651-93

Federal Exemptions

Indian lands or homestead sales or lease proceeds
25 U.S.C. § 410
Real property, including co-op or mobile home, or burial plot to $25,150; unused portion of homestead to $12,575 may be applied to any property
11 U.S.C. § 522 (d)(1), (d)(5)

Home Valuation tool

Avg home value in
Zip code 96801
Honolulu, HI
Zillow.com.

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.)

Tenancy by Entirety Exemption

Tenancy by the Entirety (TBE) is a form of property ownership, based on traditional English common law, that is still recognized in about 1/2 of states and the most common form of martial property ownership in many of them.

It protects property that is jointly owned by a married couple as an "entirety" -- which is to say, as a single marital entity, not as individuals.

Tenancy by the Entirety (TBE) was originally conceived as a debt shield -- a way of protecting wives and children from being left homeless and penniless as a result of the debts of a husband. Under the English common law TBE doctrine, a husband could not sell property owned by "the entirety", or give it away, or pledge it as security for a loan without the consent of his wife.

Today, 25 states still recognize some form of tenancy by the entirety, but they differ on the extent to which the property is exempt.

Special notes about Hawaii Tenancy by the Entirety Exemptions: Tenancy by the entirety is recognized in Hawaii and to the extent such interests are considered to be exempt under state law, pursuant to Code � 522(b)(2)(B), the interests are exempt under the Bankruptcy Code.
As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.

Hawaii Exemptions

Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse.
As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
Security Pacific Bank v. Chang, 818 F.Supp. 1343 (D. Haw. 1993)
Haw. Rev. Stat. § 509-2
Traders Travel Intern., Inc. v. Howser, 753 P.2d 244 (Hawaii 1988)

Federal Exemptions

Hawaii Insurance exemptions

Virtually all states protect life insurance proceeds in some manner or another. Some restrict it to proceeds paid to a dependent. Many states also protect the cash-value or loan-value of insurance policies.

If a substantial amount of your assets are in life insurance, you may want to consult a professional to determine the extent to which those policies are exempt.

Hawaii Exemptions

Accident, health, or sickness benefits
Haw. Rev. Stat. § 431:10-231
Annuity contract or endowment policy proceeds if beneficiary is insured's spouse, child, or parent
Haw. Rev. Stat. § 431:10-232 (b)
Fraternal benefit society benefits
Haw. Rev. Stat. § 432:2-403
Group life insurance policy or proceeds
Haw. Rev. Stat. § 431:10-233
Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary's creditors
Haw. Rev. Stat. § 431:10D-112
Life or health insurance policy for spouse or child
Haw. Rev. Stat. § 431:10-234

Federal Exemptions

Disability, illness, or unemployment benefits
11 U.S.C. § 522 (d)(10)(C)
Federal government employee death & disability benefits
5 U.S.C. § 8130
Federal judges, U.S. court & judicial center directors, administrative assistants to U.S. Supreme Court Chief Justice
28 U.S.C. § 376
Federal war risk, hazard, death, or injury compensation, death & disability benefits
42 U.S.C. § 916
Life insurance payments from policy for person you depended on, needed for support
11 U.S.C. § 522 (d)(11)(C)
Life insurance policy loan value, in accured dividends or interest, to $13,400
11 U.S.C. § 522 (d)(8)
Lighthouse workers survivors' benefits
33 U.S.C. § 775
Longshoremen & harbor workers death & disability benefits
33 U.S.C. § 916
Military group life insurance
38 U.S.C. § 1970 (g)
U.S. Military service survivors' benefits
10 U.S.C. § 1450
Unamtured life insurance contract, except credit insurance policy
11 U.S.C. § 522 (d)(7)

Miscellaneous other exemptions for Hawaii

This category covers items like partnership property, alimony & support payments.

Hawaii Exemptions

Property of business partnership
Haw. Rev. Stat. § 425-126

Federal Exemptions

Alimony, child support needed for support
11 U.S.C. § 522 (d)(10)(D)

Hawaii Pensions & Retirement Savings Exemptions

The new federal bankruptcy law now automatically exempts a virtually all tax-exempt pensions and retirement savings accounts from bankruptcy, even if you are using state law all_law_table_items. 11 U.S.C. § 522(b)(3)(C). (See Help Topic: Special Rules For Retirement Accounts.)

The law protects up to $1,283,025 of any pension or retirement fund that qualifies forspecial tax treatment under Internal Revenue Code sections 401,402, 403, 408, 408A, 414, 457, or 501(a).

Federal Exemptions

All types of retirement funds and accounts that tax-exempt under IRC section 401, 403, 408, 408A, 414, 457, or 501(a) ; IRAs & Roth IRAs limited to $1,362,800 (excluding rollover contributions); limitation can be overidden by judge.
11 U.S.C. § 522 (d)(12)
11 U.S.C. § 522 (n)
Federal civil service employees
5 U.S.C. § 8346
Foreign Service Employees
22 U.S.C. § 4060
Military Medal of Honor roll pensions
38 U.S.C. § 1562 (c)
Military service employees
10 U.S.C. § 1440
Railroad workers
45 U.S.C. § 231m
Social Security
42 U.S.C. § 407
U.S. veterans' benefits
38 U.S.C. § 3501

Hawaii Exemptions

Firefighters
Haw. Rev. Stat. § 88-169
IRAs, Roth IRAs, ERISA-qualified benefits deposited over 3 years before filing bankruptcy

401(a), 401(k), 403(a), 403(b), 408, 408A, 409 (as in effect prior to January 1, 1984), 414(d), or 414(e) of the Internal Revenue Code
Haw. Rev. Stat. § 651-124
Police officers
Haw. Rev. Stat. § 88-169
Public officers & employees
Haw. Rev. Stat. § 88-91
Haw. Rev. Stat. § 653-3

Hawaii Personal Property Exemptions

This category covers your car, your non-retirement bank accounts, and most of your other personal possessions, other than your house.

States vary widely on how generous they are in this area. Some exemptions may be for any combination of property up to an aggregate amount. Other exemptions apply only to specific items, such as jewelry.

Remember that an exemption will not protect your car from being repossessed by the holder of the car loan you used to purchase the vehicle if you pledged the vehicle as security for the loan. To keep the car, you will have to pursue other options such as 'redemption' or 'reaffirmation.' See the help topics and How to File for Chapter 7 Bankruptcy for more on this.

Hawaii Exemptions

Appliances & furnishings
Haw. Rev. Stat. § 651-121 (1)
Books
Haw. Rev. Stat. § 651-121 (1)
Burial plot to 250 sq. ft. plus tombstones, monuments, & fencing
Haw. Rev. Stat. § 651-121 (4)
Clothing
Haw. Rev. Stat. § 651-121 (1)
Jewelry, watches, & articles of adornment to $1,000
Haw. Rev. Stat. § 651-121 (1)
Motor vehicle to wholesale value of $2,575
Haw. Rev. Stat. § 651-121 (2)
Proceeds for sold or damaged exempt property; sale proceeds exempt for 6 months after sale
Haw. Rev. Stat. § 651-121 (5)

Federal Exemptions

Animals, crops, clothing, appliances, books, furnishings, household goods, musical instruments to $625 per item, $13,400 total
11 U.S.C. § 522 (d)(3)
Health aids
11 U.S.C. § 522 (d)(9)
Jewelry to $1,700
11 U.S.C. § 522 (d)(4)
Lost earnings payments
11 U.S.C. § 522 (d)(11)(E)
Military deposits in savings accounts while on permanent duty outside the U.S.
10 U.S.C. § 1035
Motor vehicle to $4,000
11 U.S.C. § 522 (d)(2)
Personal injury recoveries to $25,150 (not to include pain & suffering or pecuniary loss)
11 U.S.C. § 522 (d)(11)(D)
Wrongful death recoveries for person you depended on
11 U.S.C. § 522 (d)(11)(B)

Auto Valuation Tools:

Both of these websites offer interactive tools to determine the current value of your used car.

Hawaii Public Benefits Exemptions

Most states exempt public benefits, consistent with the notion that such benefits are intended as a safety net for the recipient.

Hawaii Exemptions

Crime victims' compensation and special accounts created to limit commercial exploitation of crimes
Haw. Rev. Stat. § 351-66
Haw. Rev. Stat. § 351-86
Public assistance paid by Dept. of Health Services for work done in home or workshop
Haw. Rev. Stat. § 346-33
Haw. Rev. Stat. § 346-1
Temporary disability benefits
Haw. Rev. Stat. § 392-29
Haw. Rev. Stat. § 392-3
Unemployment compensation
Haw. Rev. Stat. § 383-163 (No assignment of benefits; waiver)
Haw. Rev. Stat. § 383-163.7 (Deduction and withholding of uncollected food stamp overissuances)
Haw. Rev. Stat. § 383-163.5 (Child support intercept of unemployment benefits)
Haw. Rev. Stat. § 383-163.6 (Voluntary deduction and withholding of federal and state income taxes)
Haw. Rev. Stat. § 383-1
Unemployment work relief funds to $60 per month
Haw. Rev. Stat. § 653-4
Haw. Rev. Stat. § 383-1
Workers' compensation
Haw. Rev. Stat. § 386-57
Haw. Rev. Stat. § 383-1

Federal Exemptions

Crime victims' compensation
11 U.S.C. § 522 (d)(11)(A)
Local public assistance
11 U.S.C. § 522 (d)(10)(A)
In re Goertz, 202 B.R. 614 (Bankr.S.D.Mo. 1996)
Social Security
11 U.S.C. § 522 (d)(10)(A)
Unemployment compensation
11 U.S.C. § 522 (d)(10)(A)
Veteran's benefits
11 U.S.C. § 522 (d)(10)(A)

Hawaii Tools of Trade Exemptions

These are the things you use to make a living. An automobile or truck can be a tool of trade if you use it as such. Commuting to work doesn't count, but if driving is a necessary component of transacting your business, you can claim your vehicle is a tool of trade.

Hawaii Exemptions

Tools, implements, books, instruments, uniforms, furnishings, fishing boat, nets, motor vehicle, & other property needed for livelihood
Haw. Rev. Stat. § 651-121 (3)

Federal Exemptions

Implements, books, & tools of trade to $2,525
11 U.S.C. § 522 (d)(6)

Hawaii Wage Garnishment Laws

Most states have a wage garnishment law. In some states, wage garnishment laws can be used in bankruptcy as an exemption to protect income that you had coming due, but not yet received, as of the day you filed, for work you had already done -- so called "earned but unpaid wages".

In some states, the wage garnishment law protects not only wages owed to you, but also wages already in your possession and saved over time preferably holding it in a separate bank account. In other states wage garnishment laws do not protect wages once they are they are in your possession.

Hawaii Exemptions

Prisoner's wages held by Dept. of Public Safety (except for restitution, child support, and other claims)
Haw. Rev. Stat. § 353-22.5 (exceptions for collections of certain kinds of debts)
Haw. Rev. Stat. § 353-1 (definition of committed person)
Haw. Rev. Stat. § 353-22 (earnings exempt)
Unpaid wages due for services of past 31 days
Haw. Rev. Stat. § 651-121 (6)

Federal Exemptions

Minimum 75% of disposable weekly earnings or 30 times the federal hourly wage, whichever is more; bankruptcy judge may authorize more for low-income debtors. NOTE: Declared not a bankruptcy exemption by numerous Federal courts
15 U.S.C. § 1673
None
11 U.S.C. § 522 (d)

Hawaii Wild Card Exemption

Most, but not all, states allow a so-called "wild-card" exemption that can apply to any property. The wild card exemption can be of particular help if one or more of your other exemptions falls short of protecting your equity. You may split your wild card exemption amount over multiple items and stack it atop other exemptions as needed to protect exposed equity.

Hawaii Exemptions

Federal Exemptions

$1,325 of any property
11 U.S.C. § 522 (d)(5)
Up to $12,575 of unused homestead exemption amount, for any property.
11 U.S.C. § 522 (d)(5)

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