Judgment Execution and Bankruptcy in Hawaii
Your Hawaii debt settlement attorney can and will advise you regarding the court judgment exemptions in the state of Hawaii. Your attorney will tell you there are some things the creditor cannot “take” by way of execution of a judgment. There is an extensive list of these items in the Hawaii state statutes. By enactment of laws exempting certain property from court judgment execution the State Legislature is trying to assure that a judgment debtor cannot be made completely destitute.
Moreover, the United States Federal Bankruptcy Code provides exemptions as to what can be taken from the debtor. The idea for these exemptions is the same as that regarding the exemption of certain items from execution under a court judgment.
The following is list of property exempted under the Bankruptcy provisions of the state of Hawaii as of 2009:
PROPERTY
Homestead, head of family over 65 to $30,000; all others to $20,000; property cannot exceed 1 acre, sale proceeds exempt for 6 months after sale
Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Appliances and furnishings needed
Books
Burial plot to 250 square feet plus tombstones, monuments and fencing on site
Clothing
Housing down payments for home in state project
Jewelry and articles of adornment to $1,000
Motor vehicle to wholesale value of $2,575
Proceeds for sold or damaged exempt property; proceeds exempt only 6 months
INSURANCE
Annuity contract or endowment policy proceeds if beneficiary is insured’s spouse, child or parent
Disability benefits
Fraternal benefit society payments
Group life insurance proceeds or policy
Life or health insurance policy for spouse or child
Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary’s creditors
PENSIONS
ERISA-IRAs and qualified benefits deposited over 3 years before filing bankruptcy
Firefighter
Police officers
Public officers and employees
PUBLIC BENEFITS
Public assistance paid by Department of Health Services for work done in home or workshop
Unemployment compensation
Unemployment work relief funds to $60 per month
Workers’ compensation
WAGES
Unpaid wages due for services of past 31 days; after 31 days, 95% of 1st $100; 90% of 2nd $100
TOOLS OF TRADE
Tools, implements, books, instruments, uniforms, furnishings, fishing boat, nets, motor vehicle and other personal property needed for livelihood
Bankruptcy Courts:
U.S. Bankruptcy Court
1132 Bishop Street
Honolulu, HI 96813-2030
(808) 522-8100
Get more information about debt relief and debt help in Hawaii:
a. Debt Settlement And Debt Relief Laws In Hawaii
c. Judgement Execution and Bankruptcy
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