Bankruptcy exemptions in Hawaii: what you can keep
What property Hawaii law protects in bankruptcy, item by item.
Checked against official sources: October 25, 2026.
Short answer
In Hawaii you choose state or federal exemptions (exemptions are the property the law lets you keep). Your home (homestead): $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.
- Exemption system
- State or federal, your choice
- Car or other vehicle
- $2,575 of equity in one motor vehicle, valued at wholesale used-car guide prices.
- Amounts
- Homestead amounts unchanged since 1978 (L 1978, c 46); personal property amounts since 1978/1999.
What Hawaii lets you keep
Exemptions are the property the law lets you keep. You pick one whole set: the Hawaii list or the federal list. You can't mix them.
Law: 11 U.S.C. 522(b)(1)-(2); 11 U.S.C. 522(d)
| What | Hawaii exemption | Federal exemption |
|---|---|---|
Home (homestead) | $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) |
Car or other vehicle | $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) |
Household goods and clothing | 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) |
Wildcard (any property) | — | $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 of your trade | 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 | 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) | — |
Retirement accounts | 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 |
Public benefits | 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) |
Other exemptions |
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) |
Amounts: Homestead amounts unchanged since 1978 (L 1978, c 46); personal property amounts since 1978/1999. Hawaii amounts are set in the statute and are not indexed. Read on the current Hawaii Revised Statutes (data.capitol.hawaii.gov) in October 2026.
Federal amounts: Amounts in effect for cases filed on or after April 1, 2025 (next automatic adjustment due April 1, 2028)
Law: 11 U.S.C. 104; 90 FR 8941-8942
These amounts are per person. If a married couple files one joint case, each spouse can claim the federal exemptions separately.
Keeping your home 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
Retirement accounts
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
Retirement money in tax-exempt accounts is protected whichever set of exemptions you use (IRAs subject to the 522(n) cap).
Law: 11 U.S.C. 522(b)(3)(C), 522(d)(12), 522(n)
If you moved in the last 2 years
You use the exemption law of the state where you lived (your domicile) for the full 730 days (2 years) before you filed. If you moved between states during those 2 years, you use the law of the state where you lived for the 180 days before that 2-year period, or where you lived the longest part of those 180 days.
Law: 11 U.S.C. 522(b)(3)(A)
If this rule leaves you with no exemptions at all (for example, the state's exemptions apply only to its residents and you no longer live there), you can use the federal exemptions instead.
Law: 11 U.S.C. 522(b)(3), flush language
State or federal list in Hawaii
In some states you can choose either the state exemptions or the federal exemptions. You must pick one whole set; you cannot mix them. Other states allow only the state exemptions. A married couple filing together must both pick the same set.
Law: 11 U.S.C. 522(b)(1)-(2); 11 U.S.C. 522(d)
In nearby states
- Texas: State or federal, your choice. Home (homestead): no dollar limit.
- New Mexico: State or federal, your choice. Home (homestead): $150,000 in your primary residence.
- Alaska: State exemptions only. Home (homestead): $72,900 in your principal residence.
- Arizona: State exemptions only. Home (homestead): $400,000 of equity as written in the law, adjusted every January 1 since 2024 for inflation (CPI-U, rounded up to the nearest $100).
Steps to protect what you can in Hawaii
Make a property list
List each thing you own and what it is worth on Official Form 106A/B.
Match each item to an exemption
The table above shows the Hawaii amount for each kind of property.
Fill in Schedule C
The exemptions you choose go on Official Form 106C.
Free legal help in Hawaii
- Volunteer Legal Services Hawaiʻi (Chapter 7 bankruptcy help for low-to-moderate income people) · 808-528-7046
- Legal Aid Society of Hawaiʻi · 808-536-4302
- Hawaii State Bar Association – Lawyer Referral and Information Service (free referral) · (808) 537-9140
- Hawaii Bankruptcy Bar Association member list (posted by the court)
- Find free legal aid at LawHelp.org
- U.S. Bankruptcy Court for the District of Hawaii – Court's self-help page
Questions about exemptions in Hawaii
Can I use the federal bankruptcy exemptions in Hawaii?
You can. Hawaii lets you choose the state exemptions or the federal exemptions in 11 U.S.C. 522(d). You must pick one whole set.
Can I keep my house in 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
How much of a car can I keep in bankruptcy in Hawaii?
$2,575 of equity in one motor vehicle, valued at wholesale used-car guide prices
What household goods can I keep in Hawaii?
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
What happens to retirement money in Hawaii?
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).
Are my wages protected in Hawaii?
Wages, salary, commissions and other pay for work done in the 31 days before the proceeding are exempt.