Hawaii Bankruptcy Records

Are Bankruptcy Records Public in Hawaii?

Yes, bankruptcy records are public information. The Hawaii Uniform Information Practices Act of 1975 states that members of the public have the right to access all information and records generated by government agencies. Unless the court seals a record or redacts details of the record, Hawaii residents can request and view these records upon request.

Record seekers looking for an alternative to government sources may obtain bankruptcy records from third-party websites. These non-governmental websites often come with tools that help simplify the search for single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain bankruptcy case information using third-party sites, record seekers may need to provide:

• A complete name of the debtor involved in the record
• A bankruptcy case number

How to Get Hawaii Bankruptcy Records

There are a number of methods that individuals can use to view and obtain Hawaii bankruptcy. Parties can visit or contact the District of Hawaii Bankruptcy Court, use the PACER platform, request through the National Archives and Records Administration (NARA), or use the Hawaii eCourt Kokua database.

The District of Hawaii Bankruptcy Court provides parties with options for obtaining bankruptcy records. Parties can request by mail, in-person, by email, or by phone. Requestors can visit the office or mail the request to:

United States Bankruptcy Court
District of Hawaii
1132 Bishop Street, Suite 250
Honolulu, HI 96813

Requests can also be submitted by email at copies@hib.uscourts.gov. If parties want to request by phone, they can call (808) 522-8100. A records search costs $32.00 and certification of any document incurs a charge of $11.00. To request a PDF Image from one's case file, debtors must include their name, image description, case number, and case title in an email to copies@hib.uscourts.gov. Hawaii also offers the eCourt Kokua services. To use the eCourt platform, an account is necessary. The parties can search for the case they want to access, select the specific records they are searching for, and choose if the document will be certified or uncertified. For non-certified documents, the fee is $3.00, while a certified document costs $5.00.

PACER, a federal records database, also provides any member of the public with the right to access court case information. After registering for a PACER account, parties can access, view, and print full court records of all bankruptcy cases filed after the year 1998. Parties can access PACER case records by phone, online, or by mail. Online databases may not make documents filed before 1998 available. Instead, the records may be archived at the National Archives San Bruno Federal Records Center. Records that are archived can be obtained by sending a request along with the specific location, box, and transfer numbers of the records. Typically, the court clerk can assist in gathering this information.

What is Bankruptcy in Hawaii?

Bankruptcy in Hawaii is an official process provided by federal law that offers relief to individuals, corporations, and partnerships that cannot pay their debt. The US Bankruptcy Code offers different options to insolvent entities who meet varying criteria, including the size and nature of the debt, income level, the nature of the entity, as well as asset and property specifics.

Under the bankruptcy system, debt discharge usually requires reorganization or liquidation. In some cases, bankruptcy resolves debt by allowing the applicant to create a repayment plan. This plan usually reduces the debt burden required for periodic payment and may last up to five years. Persons may also file for bankruptcy and opt to satisfy creditors using proceeds from the sale of assets and properties.

Bankruptcy Process in Hawaii

The state of Hawaii has no authority over bankruptcy cases. Federal rules and procedures govern the bankruptcy process, which begins and concludes in the Hawaii Bankruptcy Court. The court is located at the following address:

United States Bankruptcy Court, District of Hawaii
1132 Bishop Street
Suite 250
Honolulu, HI 96813
Phone: (802) 522-8100
Hours: 8:30 am to 12:00 pm and 1:00 pm to 4:00 pm, Mondays through Fridays

Hawaii debtors must submit applications to the bankruptcy court at the above address. Filing for bankruptcy requires the debtor to provide information that may vary according to the type of bankruptcy. Required documents may include a government-issued ID, bank account statements, credit report, tax returns, recent paycheck stubs, debt and creditor details, and a list of exempt properties. Unless the court approves an extension, the debtor must provide all required documents within 14 days of submitting an application.

Records of bankruptcy cases are also available to interested persons. Parties may send mail requests to the Hawaii bankruptcy court or visit the court in person. Other methods include paying online requests through the PACER system and phone requests through the Multi-Court Voice Case Information System (McVIS). Record seekers may also reach out to the National Archive and Records Administration (NARA) for closed or old records that may be unavailable via any other method.

What Do Hawaii Bankruptcy Records Contain?

Hawaii bankruptcy records contain all filings and documents generated throughout the case. Information on these documents can include court decisions, original filing forms, debtor’s information, judges information., petitions, motions, summons, witness statements, discharges, trustee information, assets, and a case number. Others include:

• Applicant's name and contact information
• A case number
• Each creditor’s name and contact details
• Type of debt (secured or unsecured)
• Name of assigned trustee
• Type of bankruptcy
• Source of the debtor’s income
• Information on the debtor’s assets, including cash, real property, funds in bank accounts, stocks, etc.
• The name of the debtor’s attorney

Hawaii Bankruptcy Code

The Bankruptcy Code requires applicants to obtain credit counseling within 180 days before applying. The law also states that each debtor must wait 180 days before submitting a petition if any of the following applies:

• A previous filing was dismissed because the applicant disobeyed a court order or deliberately failed to attend a hearing.
• The applicant requested to dismiss the case after a creditor asked for a suspension of the automatic stay
• The court decided that the petition was a deliberate attempt to abuse the bankruptcy system

Debtors must note that not all bankruptcy cases are approved by the court. The Hawaii bankruptcy court may dismiss a case if the petitioner fails to file appropriate fees, provides incomplete information, or deliberately misrepresents all or some parts of the case. There are also bankruptcy cases where the court approves the discharge of some debts and requires the applicant to satisfy the rest outside the bankruptcy system.

Understanding Hawaii Bankruptcy Records

Bankruptcy records in Hawaii are reports commonly viewed through credit reports. Bankruptcy records include relevant dates, names, debt owed, assets, court orders, and decisions made in the case. When a debtor in Hawaii cannot pay back a creditor, they may choose to file for bankruptcy with the District of Hawaii Bankruptcy Court. Because all bankruptcy cases are federal cases, the bankruptcy court is a federal court. There are different types of bankruptcy people can file for to fit their unique financial situation. Bankruptcy assists debtors in reimbursing entities and individuals by placing a stay on all remaining debts, meaning that the debt collection process is paused. Then, the court can help parties create a payment plan or work to liquidate assets to repay debts. The court can also discharge specific debts so the debtor does not need to pay them.

When a party files for bankruptcy, a case file is created. Every document and filing that goes through the court is collected and placed in the file. The court clerk and the Case Management/Electronic Case Filing System (NextGen CM/ECF) manage and disseminate these records upon request. Third-party websites also offer bankruptcy records to the public.

Where to Conduct a Free Bankruptcy Case Search in Hawaii

Interested members of the public may conduct a free bankruptcy case search in Hawaii using the

Voice Case Information System (VCIS) or public court terminals. The Voice Case Information System provides inquirers with bankruptcy case information via phone. Requestors will be required to provide the name of the debtor and the case number of the record of interest.

Similarly, Hawaii bankruptcy courts offer inquirers access to public terminals record typically used to access court record information. Although inquirers may view bankruptcy case information for free, they will be charged a fee if they require copies of the record.

How Do I Find Out if My Bankruptcy Case is Closed in Hawaii?

With a case number and general information, parties can quickly find out if a bankruptcy case is closed by contacting the court clerk or using the PACER platform. A closed case means that the debtor took all necessary actions to alleviate debts owed to creditors. The court clerk can be reached by phone at (808) 522-8100, or in-person at the following address:

United States Bankruptcy Court
District of Hawaii
1132 Bishop Street, Suite 250
Honolulu, HI 96813

PACER and eCourt Kokua services are also options for checking on the status of a bankruptcy case. PACER can be utilized by phone, mail, or online.

Can a Bankruptcy Be Expunged in Hawaii?

In Hawaii, arrest records can be expunged, but court records cannot. However, it is possible for the court to seal a court record and make it confidential. A court judge may approve a request for sealing if the records pose a threat to the safety and security of the subject. Sealing records means that members of the public cannot access it without good reason, while government agencies still have free access to the file. To request a seal on a court record, parties can make a written request with the following information included:

• Personal details
• Explanation
• Case number
• Case ID

What is the Downside of Filing for Bankruptcy in Hawaii?

Filing for bankruptcy can be quite damaging to the applicant’s credit score. A filing immediately reduces the petitioner’s credit score so much that it impedes normal financial function. For instance, persons who have filed for bankruptcy may have trouble getting loans and credit cards, or receiving approval for mortgage requests.

Furthermore, a bankruptcy filing is a matter of public record and remains on the petitioner’s credit report for years. According to the Fair Credit Reporting Act, a bankruptcy filing shows on the petitioner’s credit report for 7 years after a Chapter 13 filing, or 10 years after Chapter 7.

The public nature of a bankruptcy filing may also lower the applicant’s chances of employment, licensing, or rent. Employers, licensing authorities, and landlords, sometimes request credit reports on prospective candidates and tenants, and may reject persons who have filed for bankruptcy.

Applicants should also note that some debts are non-dischargeable under the bankruptcy system. Debtors must continue to pay child support, personal injury debts, taxes, and alimony. Student loans are also non-dischargeable unless the debtor can prove undue hardship.

Debtors who can get past the above downsides may file for bankruptcy to enjoy the following advantages:

• Fresh Start: Bankruptcy offers applicants a fresh financial start. Through liquidation or reorganization, applicants may discharge most debts and start to regain their general financial health and credit score.
• Debt Reduction: In some cases, filing for bankruptcy reduces the amount of debt to be discharged. The Hawaii bankruptcy court may ease the debtor’s burden by asking the applicant to satisfy certain debts and dismissing the rest.

What is Chapter 11 Bankruptcy in Hawaii?

Entities that file for Chapter 11 bankruptcy get to reorganize their debts without suspending business operations. This type of bankruptcy requires the debtor to submit a repayment plan to creditors and also seek the court’s assent. Chapter 11 also allows debtors to keep their assets and properties throughout the reorganization and repayment period.

Although Chapter 11 is mostly used by businesses, partnerships, and corporate entities, the option is also available to individuals such as celebrities, and other persons with large debts. The submitted plan may involve additional sources of income for the petitioner, a significant reduction in the business’ expenses, or both. Debtors can also renegotiate unfavorable leases and contracts.

Plans under Chapter 11 must be agreeable to creditors and approved by the court. Applicants should note that this type of bankruptcy is usually complicated since it involves creating a proper plan and awaiting approval. The process may last for years if all parties - including the court, US trustee, debtors, and creditors - do not deliberately ensure quick resolution. Debtors considering Chapter 11 bankruptcy should also note that a creditor has the right to propose a repayment plan if the debtor’s submission is not agreeable.

What is Chapter 7 Bankruptcy in Hawaii?

The Chapter 7 bankruptcy process settles debts by liquidating the debtor’s assets and properties. Upon approval, the court appoints a trustee who receives the debtor’s assets, sells them, and uses the proceeds to pay creditors. Chapter 7 bankruptcy is also called liquidation or straight bankruptcy as it does not require debtors to create repayment plans.

Petitioners filing for Chapter 7 bankruptcy must take a means test that assesses eligibility by comparing the applicant’s earnings with Hawaii’s median income. In 2019, the state’s median household income was $83,102, climbing 1.76% from the previous year. In most cases, applicants with incomes lower than this median are more likely to qualify. However, high-income applicants may also qualify if the court considers other factors.

For a Chapter 7 filing, the debtor must pay a $15 trustee charge, a $75 miscellaneous administrative fee, and a case filing fee of $245. The court may receive these payments in a maximum of four installments not more than 120 days after the application. Although the court may extend this period for good cause, the debtor must not delay payment for more than 180 days from the application date. However, the court may waive the fees if the debtor cannot pay even in installments, and the debtor’s income is below 150% of the poverty level specified in the Bankruptcy Code.

What is Chapter 13 Bankruptcy in Hawaii?

The Chapter 13 bankruptcy process is for petitioners who want to settle their debts without liquidating assets as required under Chapter 7. Like Chapter 11, Chapter 13 bankruptcy also requires the debtor to propose a repayment plan to repay debts in installments, over an agreed period. However, this type of bankruptcy is restricted to debtors with regular income that is sizable enough to satisfy incurred debts. The Chapter 13 process is also called the wage earner’s plan.

A Chapter 13 bankruptcy plan may last up to five years. The Bankruptcy Code states that repayment should be for three years if the applicant’s monthly income is below the Hawaii median. Petitioners with higher debt may seek approval for five-year repayment plans. However, the court can not approve repayment for more than five years, regardless of the debt size. As of 2021, an applicant may qualify for Chapter 13 bankruptcy if secured debt is a maximum of $419,275 and unsecured debt is no more than $1,257,850. Applicants must consider other types of bankruptcy if the debt is higher.

What is the Difference Between a Chapter 7 and Chapter 13 Bankruptcy in Hawaii?

Chapter 7 and Chapter 13 bankruptcy processes differ according to eligibility, debt discharge method, and the repayment period. The crucial difference between both types is that Chapter 7 discharges debt by liquidation while Chapter 13 uses the reorganization method. With Chapter 13, the debtor agrees with creditors - subject to the court’s approval - on repayment amounts and time frame. Under Chapter 7, the assigned trustee pays off the creditors after liquidating the debtor’s assets.

The Bankruptcy Code specifies eligibility for Chapter 13 bankruptcy by debt size. Interested applicants may only qualify if the size of their secured and unsecured debts is below the lawful limit. For Chapter 7, each petitioner must take a means test that compares their income with Hawaii’s median income. Regardless, eligibility for Chapter 7 bankruptcy may be a bit more flexible since applicants with incomes higher than Hawaii’s median may also qualify.

In some cases, the Chapter 7 bankruptcy process may start and finish in a few months. This method is more straightforward since it requires sales and returns. However, the court may approve a Chapter 13 bankruptcy repayment plan that lasts five years, depending on the debtor’s monthly income.

What is Bankruptcy Protection in Hawaii?

Bankruptcy protection is the automatic stay that prevents creditors from collecting debts from debtors with submitted petitions. When a debtor files for bankruptcy, the court automatically activates the stay, which sets aside all contracts, agreements, or judgments regarding the petitioner’s incurred debts. The automatic stay protects the debtor from foreclosures, repossessions, wage garnishments, and even debt-related phone calls from the creditor.

Debtors with bankruptcy applications filed within the last year may have the automatic stay suspended by the court. However, the debtor, assigned trustee, or creditor, may ask the court to extend the deadline if the requestor can prove good faith. Also, petitioners should note that the automatic stay does not suspend fines from criminal proceedings, tax payments, child support, pension loans, and alimony.

What are Hawaii Bankruptcy Exemptions?

Hawaii bankruptcy exemptions are several laws that prevent debtors from losing all property to the bankruptcy process. Hawaii allows debtors to choose between federal or state exemptions without mixing or merging both. The state also lets spouses filing for joint bankruptcy to double some exemptions. Under Hawaii law, the following exemptions are available:

• Homestead Exemption

The homestead exemption is available for up to one acre of real property to a $30,000 maximum, if the debtor is over 65 or is the head of the family. The head of the household should meet the IRS’ definition or live in the real property and care for a direct relative, such as a sibling, parent, child, or grandchild. An applicant who is not the head of the family may use the homestead exemption up to $20,000. Spouses filing for joint bankruptcy cannot double the homestead exemption.

• Personal Property Exemption

Debtors can protect personal property up to a maximum aggregate of $1,000. Applicable properties include books, clothes used by the debtor or family members, watches, appliances, books, jewelry, and household furnishings.

• Motor Vehicle Exemption

Hawaii law allows this exemption for one motor vehicle up to a $2,575 equity.

• Pension and Retirement Accounts Exemption

Accounts under this exemption include IRAs, ERISA-qualified retirement accounts, and pension accounts of public officers, employees, police officers, and firefighters.

• Tools of the Trade Exemption

This exemption covers uniforms, books, equipment, tools, one commercial fishing boat and nets, and one motor vehicle. The exempted tools must be reasonably necessary for operating the debtor’s trade, profession, or business.

Hawaii bankruptcy applicants can also protect insurance proceeds from selling property for not more than six months after the sale. The state also allows debtors to exempt all income earned in the 31 days before filing for bankruptcy. Other exemptions include receiving insurance payments and public benefits such as workers’ compensation or crime victims’ compensation.

What are the Other Types of Bankruptcy in Hawaii?

Hawaii debtors in the fishing or farming business may file for Chapter 12 bankruptcy. However, the application must meet certain conditions. For instance, the debt limits for fishing and farming operations are $1,924,550 and $4,153,150, respectively. Also, 50% of a fisher's total debt must be from the fishing business, and 80% for farmers.

How Much Does It Cost to File Bankruptcy in Hawaii?

The first step in determining the cost of filing for bankruptcy is to identify which type of case is being filed. Generally speaking, individuals who are seeking debt relief through a Chapter 7 or Chapter 13 bankruptcy should expect to pay anywhere from $1,200 - $5,000 for attorney's fees and court costs associated with their case. If a debtor is able to qualify for a Chapter 7 bankruptcy, they may be able to have these costs waived at the court’s discretion.

Debtors are also likely to incur additional costs for filing and credit counseling fees. These fees are set by statute and are typically between $300 - $400 for individual filers. This is in addition to financial literacy/education costs and related programs.