Hawaii Bankruptcy Law

Considering Filing Bankruptcy in Hawaii?

By meeting with a Hawaii bankruptcy lawyer, you may find out more about Chapter 7 and Chapter 13 bankruptcy laws in Hawaii.

While we can offer you an overview of the state’s bankruptcy laws, a bankruptcy lawyer can give you more details. After getting an overview of the bankruptcy process, you may be able to make a better decision about which debt-relief option best suits you.

To meet with a Hawaii bankruptcy lawyer near you, simply fill out the form below.

How Hawaii Bankruptcy Lawyers May Help You

Your Hawaii bankruptcy lawyer will likely begin your first meeting by explaining the difference between Chapter 7 and Chapter 13 bankruptcy.

Your lawyer may also ask you some personal questions or have you fill out an intake sheet with information about your assets, debts and financial goals.

The answers that you provide may help you and your bankruptcy lawyer decide if filing Chapter 7 or Chapter 13 bankruptcy is right for your situation.

Chapter 7 bankruptcy is called “liquidation” because the bankruptcy trustee in your Chapter 7 bankruptcy case will have the option to sell (liquidate) any non-exempt property that you may own.

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In the majority of Chapter 7 bankruptcy cases, there is no non-exempt property, so no property is sold.

Chapter 7 bankruptcy is an attractive option for debtors who don’t own a lot of property because many unsecured debts can be discharged. When filing Chapter 7 bankruptcy, it’s important that the debtor discuss which and how much of their property may be exempt from liquidation with their Hawaii bankruptcy lawyer.

Homestead

  • $30,000 exemption for heads of family, anyone older than 65-years-old.
  • $20,000 for anyone else.
  • Money paid from the sale of property is exempt for six months after the sale.

Wages

  • Wages, salaries, commissions and all other compensation due in the 31 days prior to the judgment.
  • 95 percent of the first $100 earned in the first month after judgment.
  • 90 percent of the next $100 per month.
  • 80 percent of all sums above $200 per month.

Automobiles

  •  $2,575 exemption for equity in an automobile.

Personal Property

  • 100 percent of necessary household furnishings and appliances, books and clothes used by you and your family.
  • Up to $1,000 of jewelry, watches and other items of personal adornment.
  • 100 percent of all tools, equipment and furnishings used in a trade, business or profession.

Chapter 13 bankruptcy is called “reorganization.” By filing Chapter 13 bankruptcy, debtors who own more property may be able to keep most of their assets.

In Chapter 13, a 3-5 year repayment plan is approved by the court, which allows the debtor to catch up on past due bills.

After filing Chapter 13 bankruptcy, a debtor must immediately get to work on a proposed repayment plan to repay debts.

Talk to a Hawaii Bankruptcy Lawyer Today

Bankruptcy laws in Hawaii are complex and can often be confusing. People who are considering filing bankruptcy may feel overwhelmed.

If you’re suffering under debt, know that you have options. Chapter 7 and Chapter 13 could help you get out of debt. Speak with a local bankruptcy about whether Chapter or Chapter 13 can help you.

Your Hawaii bankruptcy lawyer may explain the bankruptcy process in layman’s terms in order to clear up any confusion. Your bankruptcy lawyer may also provide answers to many of your questions about your bankruptcy case.

We make it easy to find a Hawaii bankruptcy lawyer near you.

Simply fill out our free bankruptcy case review form on this page or call 877-349-1309 and we’ll connect you with a local attorney right away.

Note: Keep in mind all laws are complex. If you need legal advice or want to fully understand how these laws affect you, please speak with a local attorney.

Laws may have changed since our last update. For the latest information on your state's bankruptcy laws, speak to a local bankruptcy lawyer.


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