Bankruptcy in Hawaii

$30,000 of equity if you are a head of a family (this includes a married couple) or age 65 or older; $20,000 for anyone else

Covers the house you live in and one parcel of land up to one acre, including a condo, co-op unit or land on a lease of 20 years or more. Only one exemption per parcel, even if several eligible people live there. Equity is counted after liens recorded earlier. It does not protect against mortgages, federal or state tax liens, county improvement-district liens, or liens recorded before you acquired and moved into the property. If the home is sold, the exempt cash is protected for 6 months.

Law: Haw. Rev. Stat. §§ 651-91, 651-92, 651-96

$31,575

Law: 11 U.S.C. 522(d)(1)

$2,575 of equity in one motor vehicle, valued at wholesale used-car guide prices

Law: Haw. Rev. Stat. § 651-121(2)

$5,025

Law: 11 U.S.C. 522(d)(2)

All necessary household furnishings, appliances, books and clothing reasonably necessary for you and your family living with you (no dollar cap), plus jewelry, watches and personal adornments up to $1,000 total

Law: Haw. Rev. Stat. § 651-121(1)

Household goods: $800 per item, $16,850 total

Jewelry for personal or family use: $2,125

Law: 11 U.S.C. 522(d)(3); 11 U.S.C. 522(d)(4)

$1,675 plus up to $15,800 of any unused part of the (d)(1) homestead amount

Law: 11 U.S.C. 522(d)(5)

Tools, implements, instruments, uniforms, furnishings, books, equipment, one commercial fishing boat and nets, one motor vehicle, and other property reasonably necessary for the trade or job by which you earn your living (no dollar cap)

Law: Haw. Rev. Stat. § 651-121(3)

$3,175

Law: 11 U.S.C. 522(d)(6)

Wages, salary, commissions and other pay for work done in the 31 days before the proceeding are exempt.

Law: Haw. Rev. Stat. § 651-121(6)

Pensions, annuities, and accounts in plans under IRC 401(a), 401(k), 403(a), 403(b), 408 (IRA), 408A (Roth IRA), 414(d) and 414(e), and ABLE accounts, are exempt in bankruptcy. Exceptions: QDROs, and contributions made within 3 years before you file (except certain state-employee retirement contributions).

Law: Haw. Rev. Stat. § 651-124

No dollar limit (IRAs are capped under 522(n))

Money in traditional and Roth IRAs is protected up to $1,711,975 in total.

Law: 11 U.S.C. 522(d)(12); 11 U.S.C. 522(n); 90 FR 8941

Unemployment benefits cannot be garnished or seized (except for child support, tax withholding and food-stamp overissuance). Workers' compensation is exempt from creditors. State public assistance payments cannot be attached.

Law: Haw. Rev. Stat. §§ 383-163, 386-57(a), 346-33

Your right to receive Social Security, unemployment, public assistance, veterans' and disability benefits; alimony and support you reasonably need; and certain pension or annuity payments you reasonably need: No dollar limit (some only as much as you reasonably need)

Your right to certain payments: crime victim awards, wrongful-death and life-insurance payments for someone you depended on, personal bodily injury payments (not pain and suffering or actual money losses), and payments for lost future earnings: Crime-victim awards: no limit. Personal injury payment: up to $31,575. Others: as much as you reasonably need

Law: 11 U.S.C. 522(d)(10); 11 U.S.C. 522(d)(11)

• Life insurance death proceeds and the cash value of life, endowment and annuity policies payable to your spouse, child, parent or other dependent are exempt (not group life insurance).
• A burial plot up to 250 square feet, or a niche or interment space, with its monuments.
• Insurance or sale proceeds of exempt personal property are protected for 6 months.

Law: Haw. Rev. Stat. § 431:10-232; Haw. Rev. Stat. § 651-121(4); Haw. Rev. Stat. § 651-121(5)

An unmatured life insurance policy you own (not credit life insurance): No dollar limit

Cash value of life insurance: $16,850

Health aids prescribed by a professional for you or a dependent: No dollar limit

Law: 11 U.S.C. 522(d)(7); 11 U.S.C. 522(d)(8); 11 U.S.C. 522(d)(9)