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FEDERAL BANKRUPTCY EXEMPTIONS ARE AVAILABLE
All law references are to Hawaii Bankruptcy Code unless noted. |
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ASSET |
EXEMPTION |
LAW PROVISION |
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HOMESTEAD
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Head of family or over 65 to $30,000 ; all others to $20,200 ; property cannot exceed 1 acre. sale proceeds exempt for 6 months after sale. |
36-651-91, 36-351-92,
36-351-96 |
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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) |
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INSURANCE |
Annuity contract or endowment policy proceeds if beneficiary is insured’s spouse, child or parent |
24-431:10-232(b) |
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Disability benefits |
24-431:10-231 |
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Fraternal benefit society benefits |
24-432:2-403 |
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Group life insurance policy or proceeds |
24-431:10-233 |
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Life or health insurance policy for spouse or child |
24-431:10-234 |
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Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary’s creditors |
24-431:10-D:112 |
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MISCELLANEOUS |
Property of business partnership |
23-425-125 |
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PENSIONS |
ERISA-qualified benefits deposited over 3 years before filing bankruptcy |
36-651-124 |
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Firefighters |
7-88-169 |
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Police officers |
7-88-169 |
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Public officers and employees |
7-88-94, 36-653-3 |
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PERSONAL PROPERTY |
Appliances and furnishings needed |
36-651-121(1) |
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Books |
36-651-121(1) |
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Burial plot to 250 square feet plus tombstones, monuments and fencing on site |
36-651-121(4) |
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Clothing |
36-651-121(1) |
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Housing down payments for home in state project |
20-359-104 |
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Jewelry and articles of adornment to $1,350 |
36-651-121(1) |
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Motor vehicle to wholesale value of $3,225 |
36-651-121(2) |
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Proceeds for sold or damaged exempt property; proceeds exempt only 6 months |
36-651-121(5) |
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PUBLIC BENEFITS |
Public assistance paid by Dept. of Health Services for work done in home or workshop |
20-346-33 |
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Unemployment compensation |
21-383-163 |
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Unemployment work relief funds to $60 per month |
36-653-4 |
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Workers’ compensation |
21-386-57 |
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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) |
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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 |
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Prisoner’s wages held by Dept. of Public Safety |
20-353-22 |
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WILD CARD |
NONE |
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HI Bankruptcy Exemptions
Hawaii Bankruptcy Forms Software