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Hawaii Bankruptcy
Bankruptcy laws and resources vary from state to state. The following page provides information and resource links for the state of Hawaii.
If you are not looking for information regarding Hawaii, please use the links on the right to find information for your state.
- Court - Location and Contact Information
- Bankruptcy Laws
- Approved Credit Counseling/Debtor Education Agencies
- Hawaii Attorneys
- Other Bankruptcy Hawaii Resources
Hawaii Bankruptcy Court - Location & Contact Information
Following is the address and telephone number for the Hawaii bankruptcy court:
U.S. Bankruptcy Court
1132 Bishop Street, Suite 250-L
Honolulu, HI 96813
(808) 522-8100
Hawaii Bankruptcy Laws and Exemptions
Hawaii Exemptions
The U.S. Bankruptcy Code allows individual debtors to exempt certain property from creditor claims based on exemptions under either federal law or state law. Exemptions vary from state to state. Some states have adopted their own set of bankruptcy exemptions that are used in place of the federal exemptions. However, other states give debtors an option to choose between either state or federal exemptions.
Hawaii bankruptcy law allows residents to use either the federal set of exemptions or state exemptions.
Click here to view federal bankruptcy exemptions under 11 U.S.C. 522(d).
Click the following links for common exemptions under Hawaii law: homestead exemption, personal property, pension and retirement accounts.
Contact a Hawaii bankruptcy lawyer for more information regarding Hawaii bankruptcy exemptions.
Hawaii Means Test
The new bankruptcy laws enacted in 2005 also require that debtors pass a means test before filing a Chapter 7 bankruptcy. There are two ways to pass the means test:
1. the debtor's annual income (calculated using the average gross income for the six month period prior to filing) must be below the state median. Census Bureau statistics for state median income by family size can be found here.
2. If income exceeds the median income, individuals may still file Chapter 7 bankruptcy based on results ofForm 22A: Chapter 7 Statement of Current Monthly Income and Means-Test Calculation.
Hawaii Credit Counseling & Debtor Education Agencies
Pursuant to the new bankruptcy laws enacted in 2005, individuals who file personal bankruptcy (with limited exceptions) in Hawaii must:
1. take a credit counseling course from an approved Hawaii credit counseling provider within six months before filing bankruptcy; and
2. complete a debtor education course from an approved Hawaii debtor education agency prior to receiving a bankruptcy discharge.
Hawaii Personal Bankruptcy Attorneys
To find Hawaii bankruptcy lawyers in your area, you may want to contact your local county bar association or the Hawaii State Bar Association:
Hawaii State Bar Association
1132 Bishop Street,
Suite 906,
Honolulu, HI 96813
(808) 537-1868
Based on income, free bankruptcy advice and representation may also be obtained from the following organizations: See the Hawaii Volunteer Legal Service's website for a list of organizations that provide legal services to low income clients in Hawaii.
If you are concerned about the representation provided to you by a Hawaii bankruptcy attorney, contact:
Office of Disciplinary Counsel
1132 Bishop Street, Suite 300
Honolulu, HI 96813
(808) 521-4591
Resources for Hawaii Bankruptcy Laws
U.S. Bankruptcy Court for the District of Hawaii - administrative and procedural information for Hawaii bankruptcy filings
Office of the U.S. Trustee for Region 15 - oversees the administration of Hawaii personal bankruptcy cases and case trustees
Hawaii State Bar Association - information about the Hawaii bar, membership, ethics, continuing legal education, and resources for the public.
       
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