Hawaii Bankruptcy Exemptions

This list of exemptions updated December 2009. All law references are to Hawaii Revised Statutes Annotated unless otherwise noted. Federal Bankruptcy Exemptions are allowed in Hawaii.

Homestead

651-91 - Up to $30,000 if head of family or over 65; up to $20,000 otherwise: Property cannot exceed 1 acre. Sale proceeds are exempt for 6 months after sale. Tenancies by the entirety are exempt without limit as to debts of one spouse [Security Pacific Bank v. Chang, 818 F: Supp. (D. Haw. 1993)].

Personal Property

651-121 - Motor vehicle up to wholesale value of $2,575; clothing; appliances and furnishings needed; books; jewelry, watches, and articles of adornment up to $1,000; proceeds for sold or damaged exempt property (sale proceeds exempt for 6 months after sale); burial plot up to 250 square feet, plus on-site tombstones, monuments, and fencing.

Wages

353-22.5 - Prisoner's wages held by Dept. of Public Safety excluding child support, restitution and other claims.

651-121 - Unpaid wages due for services of the past 31 days.

Pensions

11 U.S.C. § 522 - Tax exempt retirement accounts. Traditional IRAs and Roth IRAs up to $1,095,000 per person.

88-169 Police officers and firefighters.

88-91 & 653-3 - Public officers and employees.

651-124 - Roth IRAs, IRAs, and ERISA-qualified benefits, if deposited more than 3 years before filing.

Public Benefits

346-33 - Public assistance paid by Dept. of Health Services for work done in home or a workshop.

351-66 - Crime victims' compensation; special accounts that were created to limit the commercial exploitation of crimes.

383-163 - Unemployment compensation.

386-57 - Workers' compensation.

392-29 - Temporary disability benefits.

653-4 - Unemployment work relief up to $60 per month.

Tools of Trade

651-121 - Tools, books, uniforms, implements, instruments, furnishings, fishing boat, nets, motor vehicle, and other personal property needed for livelihood.

Insurance

431:10-231 - Accident, sickness or health benefits.

431:10-232 - Annuity contract or endowment policy proceeds if beneficiary is insured spouse, child or parent.

431:10-233 - Group life insurance policy or proceeds.

431:10-234 - Life or health insurance policy for child or spouse.

431:10-D:112 - Life insurance proceeds if policy prohibits use to pay creditors.

432:2-403 - Fraternal benefit society benefits.

Misc.

425-125 - Business partnership property.

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Hawaii Bankruptcy Exemptions

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