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Hawaii Bankruptcy Exemptions

Federal Supplemental Exemptions can be used in conjunction with your Hawaii exemptions and can be viewed here.

In Hawaii, you may choose to use the Federal Exemption set instead of your state exemptions.

You may also want to visit your local federal bankruptcy court web site:

Also see Hawaii bankruptcy forms.

ASSET

EXEMPTION DESCRIPTION

LAW SECTION
Hawaii Revised Statutes

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.

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

MISC.

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 $1,000

36-651-121(1)

 

Motor vehicle to wholesale value of $2,575

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