reglab/housing_qa huggingface dataset:
HI Rev Stat § 651-91 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-91 Definitions.

  §651-91 Definitions. As used in this subpart:  "Head of a family" includes within its meaning:  (1) A man and woman when married, except as provided in section 651-93;  (2) Every individual who is residing on the real property and who has under that individual's care or maintenance, either:  (A) That individual's minor child, or minor grandchild, or the minor child of that individual's deceased wife or husband;  (B) A minor brother or sister, or the minor child of a deceased brother or sister;  (C) A father, mother, grandfather, or grandmother;  (D) The father, mother, grandfather, or grandmother of a deceased husband or wife; or  (E) An unmarried brother, sister, or any other of the relatives mentioned in this paragraph who have attained the age of majority; and  (3) Head of household as defined in section 2(b) of the Internal Revenue Code of 1954, as amended.  "Long-term lease" means a lease for twenty years or more.  "Owner" means an individual who has an interest in real property.  "Person" means any individual under sixty-five years of age other than the head of a family.  "Real property" consists of the dwelling house in which the owner resides and one parcel of land not to exceed one acre, upon which it is situated together with other buildings thereon. This parcel may be in fee simple or any other interest in real property that vests the immediate right of possession, even though the immediate right of possession is not exclusive, and includes land held under long-term lease, ownership rights in a condominium or stock cooperative unit. [L 1976, c 136, pt of §1; am L 1978, c 46, §6; am L 2016, c 55, §31]
HI Rev Stat § 651-92 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-92 Real property exempt.

  §651-92 Real property exempt. (a) Real property shall be exempt from attachment or execution as follows:  (1) An interest in one parcel of real property in the State of Hawaii, of a fair market value not exceeding $30,000, owned by the defendant who is either the head of a family or an individual sixty-five years of age or older.  (2) An interest in one parcel of real property in the State of Hawaii, of a fair market value not exceeding $20,000, owned by the defendant who is a person. The fair market value of the interest exempted in paragraph (1) or (2) shall be determined by appraisal and shall be an interest which is over and above all liens and encumbrances on the real property recorded prior to the lien under which attachment or execution is to be made. Not more than one exemption shall be claimed on any one parcel of real property even though more than one person residing on such real property may otherwise be entitled to an exemption.  Any claim of exemption under this section made before May 27, 1976, shall be deemed to be amended on May 27, 1976, by increasing the exemption to the amount permitted by this section on May 27, 1976, to the extent that such increase does not impair or defeat the right of any creditor who has executed upon the real property prior to May 27, 1976.  (b) No exemption authorized under this section shall apply to process arising from:  (1) A lien as provided by section 507-42;  (2) A lien or security interest created by a mortgage, security agreement, or other security instrument;  (3) A tax lien in the name of the federal or state government;  (4) An improvement district lien of any county of the State; or  (5) A lien or encumbrance recorded against the real property prior to the acquisition of interest in and commencement of residence on such real property. [L 1976, c 136, pt of §1; am L 1978, c 46, §7] Revision Note  Pursuant to §23G-15, in:  (1) Subsection (a)(1), commas added after "Hawaii" and "$30,000";  (2) Subsection (a)(2), commas added after "Hawaii" and "$20,000"; and  (3) Subsection (a), "paragraphs (1)" changed to "paragraph (1)". Case Notes  Compared to prior law. 61 H. 590, 607 P.2d 411 (1980).
HI Rev Stat § 651-93 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-93 Effect of separation, divorce, reconciliation.

  §651-93 Effect of separation, divorce, reconciliation. Following the entry of a decree of separate maintenance or an interlocutory decree of divorce, each spouse may claim a separate real property exemption under this part as a person. A subsequent reconciliation of the spouses when evidenced by a dismissal of the divorce action or vacation of the decree of separate maintenance executed by both spouses or their attorneys of record shall cancel a separate claim for a real property exemption and the spouses shall only have one real property exemption. [L 1976, c 136, pt of §1]
HI Rev Stat § 651-94 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-94 Proceedings where real property can be divided without material injury.

  §651-94 Proceedings where real property can be divided without material injury. [(a)] If the defendant is entitled to an exemption as provided in section 651-92, and from the appraiser's report, it appears to the judge that the real property claimed can be divided without material injury and subject to applicable state and county land use, zoning, and subdivision laws, the judge shall, by order, direct the appraisers to set off to the defendant so much of the real property, including the residence and outbuildings, as will amount in value to the real property exemption and all liens and encumbrances and the execution may be enforced against the remainder of the real property subject to all liens and encumbrances recorded prior to the lien under which sale is made.  [(b)] If a sale is made, the proceeds thereof shall be applied in the following order of priority: first, to the satisfaction of the execution costs, attorney's and appraiser's fees, and any other fees that may necessarily arise; second, to the satisfaction of the lien under which the sale is made; third, to the discharge of any subsequent liens and encumbrances according to their priority, and the balance, if any, to the defendant. The sale shall operate to extinguish subsequent liens and encumbrances on the remainder sold without forcing prior lienors and encumbrancers to exercise their right of recovery.  [(c)] As used in this section, "material injury" means that the value of the real property left after the set off to the defendant is less than: all liens and encumbrances on the real property recorded prior to lien under which sale is made and an amount equal to estimated execution costs, attorney's and appraiser's fees, and other fees. [L 1976, c 136, pt of §1; am L 1978, c 46, §8; gen ch 1985]
HI Rev Stat § 651-95 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-95 Sale where real property cannot be divided; application of proceeds.

  §651-95 Sale where real property cannot be divided; application of proceeds. [(a)] If the defendant is entitled to an exemption as provided in section 651-92, and if, from the appraiser's report, it appears to the court that the real property claimed exceeds in value the amount of the real property exemption, all liens and encumbrances recorded prior to the judgment lien under which sale is to be made and an amount equal to estimated execution costs, attorney's and appraiser's fees, and other fees, and that it cannot be divided under section 651-94, the court shall make an order directing its sale under the execution, subject to all liens and encumbrances recorded prior to the lien under which the sale is to be made.  [(b)] If the sale is made, the proceeds thereof shall be applied in the following order of priority: first, to the defendant to the amount of the exemption; second, to the satisfaction of the execution costs, attorney's and appraiser's fees, and any other fees that may necessarily arise; third, to the satisfaction of the lien under which the sale is made; fourth, to the discharge of any subsequent liens and encumbrances according to their priority, and fifth, the balance, if any, to the defendant. The sale shall operate to extinguish subsequent liens and encumbrances without forcing prior lienors and encumbrancers to exercise their right of recovery. [L 1976, c 136, pt of §1; am L 1978, c 46, §9; gen ch 1985] Case Notes  Mentioned: 61 H. 590, 607 P.2d 411 (1980).
HI Rev Stat § 651-96 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-96 After sale, money equal to real property exemption protected.

  §651-96 After sale, money equal to real property exemption protected. The money paid to the defendant as the defendant's exemption shall be entitled, for the period of six months thereafter, to the same protection against attachment and execution which section 651-92 gives to the real property. If the defendant, within such six-month period, applies such proceeds to the purchase of real property, the date of such acquisition and commencement of residence for the purpose of section 651-92(b)(5), shall be considered to be the date of the acquisition of interest in and commencement of residence on the real property whose sale resulted in such proceeds. [L 1976, c 136, pt of §1; am L 1978, c 46, §10; gen ch 1985]
HI Rev Stat § 651-121 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-121 Certain personal property and insurance thereon, exempt.

  §651-121 Certain personal property and insurance thereon, exempt. The following described personal property of an individual up to the value set forth shall be exempt from attachment and execution as follows:  (1) All necessary household furnishings and appliances, books and wearing apparel, ordinarily and reasonably necessary to, and personally used by a debtor or the debtor's family residing with the debtor; and, in addition thereto, jewelry, watches, and items of personal adornment up to an aggregate cash value not exceeding $1,000;  (2) One motor vehicle up to a value of $2,575 over and above all liens and encumbrances on the motor vehicle; provided that the value of the motor vehicle shall be measured by established wholesale used car prices customarily found in guides used by Hawaii motor vehicle dealers; or, if not listed in such guides, fair wholesale market value, with necessary adjustment for condition;  (3) Any combination of the following: tools, implements, instruments, uniforms, furnishings, books, equipment, one commercial fishing boat and nets, one motor vehicle, and other personal property ordinarily and reasonably necessary to and personally owned and used by the debtor in the exercise of the debtor's trade, business, calling, or profession by which the debtor earns the debtor's livelihood;  (4) One parcel of land, not exceeding two hundred fifty square feet in size, niche or interment space owned, used, or occupied by any person, or by any person jointly with any other person or persons, in any graveyard, cemetery, or other place for the sole purpose of burying the dead, together with the railing or fencing enclosing the same, and all gravestones, tombstones, monuments, and other appropriate improvements thereon erected;  (5) The proceeds of insurance on, and the proceeds of the sale of, the property in this section mentioned, for the period of six months from the date the proceeds are received; and  (6) The wages, salaries, commissions, and all other compensation for personal services due to the debtor for services rendered during the thirty-one days before the date of the proceeding. [L 1976, c 136, pt of §2; am L 1978, c 46, §11; gen ch 1985; am L 1999, c 37, §2] Revision Note  Pursuant to §23G-15, in:  (1) Paragraphs (1) to (4), punctuation changed; and  (2) Paragraph (5), punctuation changed and "and" added after ending punctuation.
HI Rev Stat § 651-122 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-122 Personal property not exempt.

  §651-122 Personal property not exempt. No exemption for personal property authorized under section 651-121 shall apply to attachment or execution issued upon a judgment recovered for the price of such property, or upon a judgment of foreclosure of a security agreement or other security instrument encumbering personal property or for taxes or fines or any debt due the State. [L 1976, c 136, pt of §2; am L 1978, c 46, §12]
HI Rev Stat § 651-123 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-123 Application of proceeds of sale.

  §651-123 Application of proceeds of sale. When the property thus taken is sold, which sale shall be subject to all prior liens and encumbrances, the proceeds of the sale thereof shall be applied in the following order of priority: first, to the defendant to the amount of the exemption, if any; second, to the satisfaction of the execution costs, attorney's and appraiser's fees, and any other fees that may necessarily arise; third, to the satisfaction of the lien under which the sale is made; fourth, to the discharge of any subsequent liens and encumbrances according to their priority; and fifth, the balance, if any, to the defendant. The sale shall operate to extinguish subsequent liens and encumbrances without forcing prior lienors and encumbrancers to their right of recovery. [L 1976, c 136, pt of §2; am L 1978, c 46, §13]
HI Rev Stat § 651-124 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-124 Pension money exempt.

  §651-124 Pension money exempt. The right of a debtor to a pension, annuity, retirement or disability allowance, death benefit, any optional benefit, or any other right accrued or accruing under any retirement plan or arrangement described in section 401(a), 401(k), 403(a), 403(b), 408, 408A, 409 (as in effect prior to January 1, 1984), 414(d), or 414(e) of the Internal Revenue Code of 1986, as amended, or any fund created by the plan or arrangement, or any ABLE savings account established pursuant to chapter 256B, shall be exempt from attachment, execution, seizure, the operation of bankruptcy or insolvency laws under title 11 United States Code section 522(b), or under any legal process. However, this section shall not apply to:  (1) A "qualified domestic relations order" as defined in section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, or in section 414(p) of the Internal Revenue Code of 1986, as amended; and  (2) Contributions made to a plan or arrangement within the three years before the date a debtor files for bankruptcy, whether voluntary or involuntary, or within three years before the date a civil action is initiated against the debtor, except for contributions to a retirement plan established by state statute if the effect would be to eliminate a state employee's retirement service credit. [L 1986, c 289, §1; am L 2004, c 34, §1; am L 2005, c 152, §2; am L 2015, c 206, §3; am L 2016, c 55, §32] Case Notes  Section 206(d)(1) of ERISA erects a general bar to the garnishment of pension benefits from ERISA-covered plans; insofar as compliance with both section 206(d)(1) of ERISA and the exception to this section is "a physical impossibility", the exception to this section is preempted to the extent that it actually conflicts with ERISA. 90 H. 345, 978 P.2d 783 (1999).
HI Rev Stat § 651C-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651C. Uniform Fraudulent Transfer Act|651C-2 Insolvency.

  §651C-2 Insolvency. (a) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets, at a fair valuation.  (b) A debtor who is generally not paying his or her debts as they become due is presumed to be insolvent.  (c) A partnership is insolvent under subsection (a) if the sum of the partnership's debts is greater than the aggregate, at a fair valuation, of all of the partnership's assets, and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts.  (d) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter.  (e) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset. [L 1985, c 216, pt of §1]
HI Rev Stat § 651C-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651C. Uniform Fraudulent Transfer Act|651C-3 Value.

  §651C-3 Value. (a) Value is given for a transfer or an obligation if in exchange for the transfer or obligation property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.  (b) For the purposes of section 651C-4(a)(2) and section 651C-5, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.  (c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous. [L 1985, c 216, pt of §1]
HI Rev Stat § 651C-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651C. Uniform Fraudulent Transfer Act|651C-5 Transfers fraudulent as to present creditors.

  §651C-5 Transfers fraudulent as to present creditors. (a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor becomes insolvent as a result of the transfer or obligation.  (b) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for other than a present, reasonably equivalent value, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent. [L 1985, c 216, pt of §1] Case Notes  Plaintiffs pled facts with sufficient particularity to support a cause of action for fraudulent conveyance under subsection (a) and §651C-4(a)(1) and (a)(2)(B). 529 F. Supp. 2d 1190 (2007).  Where partner was not a "creditor" as defined under §651C-1, other partner was not entitled to relief under this chapter. 92 H. 243, 990 P.2d 713 (1999).
HI Rev Stat § 651C-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651C. Uniform Fraudulent Transfer Act|651C-6 When transfer is made or obligation is incurred.

  §651C-6 When transfer is made or obligation is incurred. For the purposes of this chapter:  (1) A transfer is made:  (A) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and  (B) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee;  (2) If applicable law permits the transfer to be perfected as provided in paragraph (1) and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is made immediately before the commencement of the action;  (3) If applicable law does not permit the transfer to be perfected as provided in paragraph (1), the transfer is made when it becomes effective between the debtor and the transferee;  (4) A transfer is not made until the debtor has acquired rights in the asset transferred;  (5) An obligation is incurred:  (A) If oral, when it becomes effective between the parties; or  (B) If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee. [L 1985, c 216, pt of §1]
HI Rev Stat § 651C-7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651C. Uniform Fraudulent Transfer Act|651C-7 Remedies of creditors.

  §651C-7 Remedies of creditors. (a) In any action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations provided in section 651C-8, may obtain:  (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;  (2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by chapter 651;  (3) Subject to applicable principles of equity and in accordance with applicable civil rules of procedure:  (A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;  (B) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or  (C) Any other relief the circumstances may require.  (b) If a creditor has obtained a judgment on a claim against the debtor, the creditor may, if the court so orders, levy execution on the asset transferred or its proceeds. [L 1985, c 216, pt of §1] Case Notes  Action in which plaintiff made fraudulent transfer claims under the Hawaii uniform fraudulent transfer act, seeking to avoid the transfer of real property to the extent necessary to satisfy plaintiff's claims and/or to grant plaintiff other relief under subsection (a), was an appropriate subject of a lis pendens under the Hawaii doctrine of lis pendens, codified in §634-51. 457 F. Supp. 2d 1121 (2006).  Petitioners were entitled to a variety of means ( § §651C-8 and 651C-10 and this section) to secure a full recovery of their losses from respondent and/or the asset fraudulently transferred to respondent, but only once, not twice; moreover, nothing in this chapter requires petitioners to elect one remedy over another. This chapter does not, however, allow petitioners recovery of both the asset transferred (regardless of its value) and, in addition, a judgment in the full amount of their damages. 130 H. 58 (App.), 305 P.3d 474 (2013).