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Hawaii State Bankruptcy Exemptions |
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Hawaii State Bankruptcy Exemptions |
| ASSET | EXEMPTION | LAW PROVISION |
| 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) |
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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) |
| 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 | |
| MISCELLANEOUS | 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 $1,000 | 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 |
Thursday January 12, 2006