Hawaii is a dual-choice state, meaning you can use Hawaii-specific exemptions alongside certain federal ones if that benefits you. Below is an overview of the **Hawaii** exemptions, including references to the **Hawaii Revised Statutes** (HRS). Always confirm the most current law and amounts with a qualified attorney, as exemptions can change or be interpreted differently by courts.
| Asset / Type of Property | Exemption Description | Statute / Code | Notes |
|---|---|---|---|
| Homestead |
| HRS §§ 36-651-91, 36-351-92, 36-351-96 | |
| Tenancy by the Entirety Property | May be exempt against debts of only one spouse. | Security Pacific Bank v. Chang, 818 F.Supp. 1343 (D. Haw. 1993) | Typically protects marital residence from individual creditor of one spouse. |
| Annuity / Endowment Proceeds | If beneficiary is insured’s spouse, child, or parent. | HRS § 24-431:10-232(b) | |
| Disability Benefits | Fully exempt. | HRS § 24-431:10-231 | |
| Fraternal Benefit Society Benefits | Exempt from creditors. | HRS § 24-432:2-403 | |
| Group Life Insurance Policy / Proceeds | Fully exempt. | HRS § 24-431:10-233 | |
| Life / Health Insurance Policy for Spouse or Child | Fully exempt. | HRS § 24-431:10-234 | |
| Life Insurance Proceeds (Anti-Creditor Clause) | Exempt if policy prohibits proceeds being used to pay beneficiary’s creditors. | HRS § 24-431:10-D:112 | |
| Property of Business Partnership | Exempt from individual partner’s creditors. | HRS § 23-425-125 | |
| ERISA-Qualified Benefits (Deposited 3+ years pre-bankruptcy) | Exempt from creditors. | HRS § 36-651-124 | |
| Firefighters & Police Officers | Exempt retirement (Firefighters under HRS § 7-88-169, Police under the same). | HRS §§ 7-88-169 | Some references combine police/fire under the same code. |
| Public Officers & Employees | Exempt pension/retirement benefits. | HRS §§ 7-88-94, 36-653-3 | |
| Appliances & Furnishings Needed | Fully exempt if necessary. | HRS § 36-651-121(1) | |
| Books | Fully exempt if needed. | HRS § 36-651-121(1) | |
| Burial Plot (250 sq ft), Tombstones | Exempt for that size; includes monuments/fencing on site. | HRS § 36-651-121(4) | |
| Clothing | Fully exempt if needed. | HRS § 36-651-121(1) | |
| Housing Down Payments in State Project | Fully exempt if funds are for in-state project. | HRS § 20-359-104 | |
| Jewelry & Articles of Adornment | Up to \$1,000 total value. | HRS § 36-651-121(1) | |
| Motor Vehicle | Wholesale value up to \$2,575. | HRS § 36-651-121(2) | |
| Proceeds for Sold / Damaged Exempt Property | Exempt for 6 months after receipt. | HRS § 36-651-121(5) | |
| Public Assistance (Dept. of Health Services) for Work at Home/Workshop | Fully exempt. | HRS § 20-346-33 | |
| Unemployment Compensation | Fully exempt. | HRS § 21-383-163 | |
| Unemployment Work Relief Funds | Up to \$60/month is exempt. | HRS § 36-653-4 | |
| Workers’ Compensation | Fully exempt. | HRS § 21-386-57 | |
| Tools of Trade / Livelihood | Tools, implements, books, instruments, uniforms, furnishings, fishing boat, nets, motor vehicle, or other personal property **needed for livelihood**. | HRS § 36-651-121(3) | |
| Unpaid Wages (Last 31 Days) | 100% exempt if due for past 31 days. After 31 days:
| HRS §§ 36-651-121(6), 36-652-1 | |
| Prisoner’s Wages (Dept. of Public Safety) | Exempt while held in prisoner’s account. | HRS § 20-353-22 | |
| Wildcard | None specifically under Hawaii law. | -- |
This information is for educational purposes only and may not reflect the most recent changes in Hawaii law. It is not legal advice. Always consult a licensed Hawaii bankruptcy attorney to confirm the current exemption amounts and applicability to your situation.