Filing Bankruptcy in Hawaii: Means Test, Exemptions and Courts
Bankruptcy in Hawaii: the means-test median income, which exemptions you can use, homestead, car and wildcard exemptions, retirement protection and the bankruptcy court.
Quick answers for Hawaii
- Means test median income
- 1 person: $85,254; 2 people: $106,202; 3 people: $123,454; 4 people: $142,181; add $11,100 for each additional person over 4. U.S. Trustee Program, Census Bureau Median Family Income By Family Size (Cases Filed On or After July 15, 2026)
- State or federal exemptions
- Filers may choose either Hawaii's exemptions or the federal bankruptcy exemptions in 11 U.S.C. 522(d). 11 U.S.C. 522(b)(1)-(3); HRS chapter 651
- Homestead exemption
- An interest in one parcel of real property in Hawaii worth up to $30,000 (fair market value over prior liens) for a head of a family or a person 65 or older, or up to $20,000 for any other person. Only one exemption per parcel. HRS § 651-92(a)-(b)
- Bankruptcy court
- Hawaii is a single federal district: the U.S. Bankruptcy Court for the District of Hawaii (https://www.hib.uscourts.gov). U.S. Bankruptcy Court, District of Hawaii website
Last verified: 2026-10-27
Qualifying for Chapter 7
| Means test median income | 1 person: $85,254; 2 people: $106,202; 3 people: $123,454; 4 people: $142,181; add $11,100 for each additional person over 4. These figures apply to bankruptcy cases filed on or after July 15, 2026 (the Census median income data was last updated for cases filed on or after April 1, 2026). The U.S. Trustee updates this table periodically; check https://www.justice.gov/ust/means-testing for the table in effect on the filing date. The table's one-person column is labeled "1 EARNER." Income at or below the median for the household size generally means the Chapter 7 means test's further calculations are not required. |
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What you can keep (exemptions)
| State or federal exemptions | Filers may choose either Hawaii's exemptions or the federal bankruptcy exemptions in 11 U.S.C. 522(d). No Hawaii statute denying the federal exemptions was identified. Under 11 U.S.C. 522(b)(2), the federal list applies unless state law "specifically does not so authorize." Spouses filing together must both use the same system. Which state's exemptions apply depends on where the filer was domiciled for the 730 days before filing (522(b)(3)(A)). |
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| Homestead exemption | An interest in one parcel of real property in Hawaii worth up to $30,000 (fair market value over prior liens) for a head of a family or a person 65 or older, or up to $20,000 for any other person. Only one exemption per parcel. Does not apply against mortgages, tax liens and certain other liens. No acreage limit is stated. Source: HRS § 651-92(a)-(b) |
| Car exemption | One motor vehicle up to $2,575 over all liens, measured by wholesale used-car guide prices. A vehicle used in the debtor's trade or business may instead be covered by the tools-of-the-trade exemption, which has no dollar cap. Source: HRS § 651-121(2)-(3) |
| Wildcard exemption | None. Hawaii's exemption statutes (HRS ch. 651) list specific property types; no general exemption for property of the filer's choosing was found. Source: HRS §§ 651-92, 651-121 |
| Retirement accounts | Rights to pensions, annuities, retirement and disability allowances and other benefits under plans described in Internal Revenue Code sections 401(a), 401(k), 403(a), 403(b), 408, 408A, 414(d) or 414(e), and ABLE accounts, are exempt, including in bankruptcy. Not exempt: qualified domestic relations orders, and contributions made within three years before filing for bankruptcy (with a limited exception for state-statute retirement plans). Source: HRS § 651-124 |
| Wages | Wages, salaries, commissions and other pay for personal services rendered during the 31 days before the proceeding are exempt. Source: HRS § 651-121(6) |
Where and how to file
| Bankruptcy court | Hawaii is a single federal district: the U.S. Bankruptcy Court for the District of Hawaii (https://www.hib.uscourts.gov). |
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| Filing without a lawyer | The court has a "Filing Without an Attorney" section with About Bankruptcy, Before Filing and After Filing pages, plus forms, local forms and local rules. |
| Standard Chapter 13 lawyer fee | District of Hawaii (the state's only bankruptcy district): under the court's Chapter 13 Attorney Fee Guidelines, an attorney who opts in may have presumptively reasonable fees allowed as part of plan confirmation without a detailed fee application; the amounts are stated in Local Form H2016R, Chapter 13 Rights, Responsibilities and Fee Agreement (4/25). That form sets a $5,650 Presumptive Fee for Standard Services (standard services through 1 year after plan confirmation), plus a $450 "success fee" if the plan is confirmed at or before the initially scheduled confirmation hearing, and additional presumptive fees of $1,150 per parcel of real property or vehicle for a plan requesting valuation of collateral, and $1,150 per real property parcel for a motion to avoid a lien in real property. Presumptive fee amounts include associated costs (including any general excise tax per the Guidelines). Opposed preconfirmation matters and uncovered services require a standard fee application. Chapter 13 Attorney Fee Guidelines (procedure; earlier $5,000 figure in its attached form): https://www.hib.uscourts.gov/sites/hib/files/documents/Ch13_Attorney_Fee_GL%5B23may%5D.pdf |
Bankruptcy FAQ
Which bankruptcy court do I file in for Hawaii?
Hawaii is a single federal district: the U.S. Bankruptcy Court for the District of Hawaii (https://www.hib.uscourts.gov).
What is the bankruptcy means test income limit in Hawaii?
1 person: $85,254; 2 people: $106,202; 3 people: $123,454; 4 people: $142,181; add $11,100 for each additional person over 4. These figures apply to bankruptcy cases filed on or after July 15, 2026 (the Census median income data was last updated for cases filed on or after April 1, 2026).
Can you use the federal bankruptcy exemptions in Hawaii?
Filers may choose either Hawaii's exemptions or the federal bankruptcy exemptions in 11 U.S.C. 522(d).
How much home equity is protected in bankruptcy in Hawaii?
An interest in one parcel of real property in Hawaii worth up to $30,000 (fair market value over prior liens) for a head of a family or a person 65 or older, or up to $20,000 for any other person. Only one exemption per parcel. Does not apply against mortgages, tax liens and certain other liens.
Can I keep my car in bankruptcy in Hawaii?
One motor vehicle up to $2,575 over all liens, measured by wholesale used-car guide prices. A vehicle used in the debtor's trade or business may instead be covered by the tools-of-the-trade exemption, which has no dollar cap.
Does Hawaii have a wildcard exemption?
None. Hawaii's exemption statutes (HRS ch. 651) list specific property types; no general exemption for property of the filer's choosing was found.
Are retirement accounts protected in bankruptcy in Hawaii?
Rights to pensions, annuities, retirement and disability allowances and other benefits under plans described in Internal Revenue Code sections 401(a), 401(k), 403(a), 403(b), 408, 408A, 414(d) or 414(e), and ABLE accounts, are exempt, including in bankruptcy. Not exempt: qualified domestic relations orders, and contributions made within three years before filing for bankruptcy (with a limited exception for state-statute retirement plans).
Are wages protected in bankruptcy in Hawaii?
Wages, salaries, commissions and other pay for personal services rendered during the 31 days before the proceeding are exempt.
Can I file bankruptcy without a lawyer in Hawaii?
The court has a "Filing Without an Attorney" section with About Bankruptcy, Before Filing and After Filing pages, plus forms, local forms and local rules.
How much does a Chapter 13 bankruptcy lawyer cost in Hawaii?
District of Hawaii (the state's only bankruptcy district): under the court's Chapter 13 Attorney Fee Guidelines, an attorney who opts in may have presumptively reasonable fees allowed as part of plan confirmation without a detailed fee application; the amounts are stated in Local Form H2016R, Chapter 13 Rights, Responsibilities and Fee Agreement (4/25). That form sets a $5,650 Presumptive Fee for Standard Services (standard services through 1 year after plan confirmation), plus a $450 "success fee" if the plan is confirmed at or before the initially scheduled confirmation hearing, and additional presumptive fees of $1,150 per parcel of real property or vehicle for a plan requesting valuation of collateral, and $1,150 per real property parcel for a motion to avoid a lien in real property. Presumptive fee amounts include associated costs (including any general excise tax per the Guidelines). Opposed preconfirmation matters and uncovered services require a standard fee application.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.