Hawaii Bankruptcy

Bankruptcy is a court process that takes place in a federal court. The process assists individuals or businesses that are heavily indebted to seek relief from their creditors. Although bankruptcy operates under federal law, Hawaii’s exemption rules influence how much of your property you can protect. Hawaii does not opt out of the federal exemption list, so that you may choose either the Hawaii exemptions or the federal exemptions, but not both.

How to File Bankruptcy in Hawaii

Prior to filing for bankruptcy, you must complete credit counseling within 180 days. You will need documents such as tax returns, six months of income statements, bank statements, debts, assets, titles, and lawsuits. It is pertinent that you choose a chapter and select either the Hawaii or federal exemptions (not both).

File your petition and schedules with the court. You may file your case pro se or through an attorney. Remember to pay the filing fee, or request installment payments or a fee waiver (only for Chapter 7). Attend the 341 creditors’ meeting and present required identification and paperwork.

Submit any requested document to the court and complete the debtor-education course while you obey trustee/court instructions until discharge or plan confirmation.

Hawaii Bankruptcy Types: Chapter 7, Chapter 13 & Chapter 11

You must understand each chapter type before you make a choice. Each chapter serves different needs based on the income and assets of debtors.

Chapter 7 (Liquidation)

Are you an individual with limited income and unsecured debt? If yes, then this is an excellent option for you. This process allows a trustee to sell your non-exempt assets to repay your debts. Your exemption choice (Hawaii or federal) may determine whether your home or certain property remains protected.

Chapter 13 (Repayment Plan)

If you have a steady income, you may seek to reorganize your debt into a 3–5-year repayment plan. It prevents foreclosure of your business and helps you catch up on mortgage arrears. Your choice of exemption system will affect your repayment plan.

Chapter 11 (Reorganization)

This method is primarily meant for businesses and individuals with high debt or complex financial circumstances. It allows debtors to remain in control of their businesses while restructuring their obligations under court oversight.

Step In Filing For Bankruptcy in Hawaii

You can view this quick checklist to stay informed about bankruptcy filings in Hawaii.

• Complete a credit counseling course
• Gather required documents such as income, tax, asset, and debt documents
• Choose the right chapter and select your preferred exemption system (Hawaii or federal)
• File your petition and schedules with the court
• Pay the filing fee or request waiver/installments
• Attend the 341 meeting of your creditors
• Complete a debtor-education course
• Comply with all trustee or court requests until discharge or plan approval

Hawaii Bankruptcy Court & Access to Records

Hawaii has one federal bankruptcy court serving the entire state.

Court Locations

The District of Hawaii: The court district is located in Honolulu. The court provides access to its forms online. You can contact the United States Bankruptcy Court for the District of Hawaii at:

Record Access

In Hawaii, bankruptcy case records are available at the U.S. Bankruptcy Court for the District of Hawaii. You may obtain information about cases filed in the court through the PACER Case Locator system. However, you must register for a Pacer account and pay a $0.10 fee to search and view the court case files.

You may also search for debtors who have filed bankruptcy petitions using the Multi-Court Voice Case Information System (McVCIS). This system is a free voice recognition and response service that provides callers with basic case information. Individuals may access the McVCIS by calling (866) 222-8029 from any touch-tone phone.

Electronic images of documents in cases filed on and after January 1, 1998, are available for viewing without a fee at the Clerk’s Office. You will pay a fee for printing paper copies of these documents. For cases filed before January 1, 1998, you may access them at the San Francisco Federal Records Center, managed by the National Archives and Records Administration. You must pay to retrieve these files.

The court provides public access computer terminals in the Clerk's Office. These terminals allow the public to view case and docket information (cases filed on or after January 1, 1998) without a fee.