reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-48 Same, penalty.

§651-48 Same, penalty.
Any owner or holder of any certificate of stock which has been levied upon by virtue of an execution who sells or otherwise voluntarily disposes of the certificate of stock without consent of the judgment creditor, or order of the court, or who, upon demand of the levying officer, refuses to surrender the certificate of stock, except to assert or maintain the owner's or holder's rights as a pledgee, shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L 1927, c 269, pt of §1; RL 1935, §4151; RL 1945, §10178; RL 1955, §233-47; HRS §651-48; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-49 Only defendant's interest sold.

§651-49 Only defendant's interest sold.
No sale by execution shall operate to convey a greater estate or interest in the property sold, than the defendant in execution had at the time of sale; and all such sales of property not belonging to the defendant shall subject the officer to the private action of the purchaser, being afterwards deprived thereof by the real owner. [CC 1859, §1027; RL 1925, §2451; RL 1935, §4152; RL 1945, §10179; RL 1955, §233-48; HRS §651-49]
Case Notes
Liability of plaintiff in execution when sheriff sells more than the defendant's share. 2 H. 178 (1859).
Sheriff's deed conveys only interest of judgment debtor at time of sale. 9 H. 27 (1893); 29 H. 364 (1926).
This section is in pari materia with §634-29, and a mortgage made subsequent to attachment is void as against attaching creditor. 51 H. 164, 454 P.2d 116 (1969).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-50 Liability for exceeding powers.

§651-50 Liability for exceeding powers.
The officer serving any execution shall act upon the officer's own private accountability, for all excesses of the officer's official powers, and for any departure from the legal import of the writ or mandate in the officer's hands. [CC 1859, §1028; RL 1925, §2452; RL 1935, §4153; RL 1945, §10180; RL 1955, §233-49; HRS §651-50; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-51 Indemnity bond.

§651-51 Indemnity bond.
The sheriff, deputy sheriff, or police officer may decline to levy upon or sell the alleged property of any person against whose goods and effects an execution or other similar writ may issue, unless the party beneficially interested in the writ shall, upon request, tender to the officer a sufficient bond of indemnity against all costs and expenses which the officer may sustain in consequence of seizure or sale of the property, and the claims of third parties. [L 1888, c 8, §18; am L 1907, c 12, §1; RL 1925, §2453; RL 1935, §4154; RL 1945, §10181; RL 1955, §233-50; am L 1963, c 85, §3; HRS §651-51; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
Case Notes
Bonds, sureties. 30 H. 658, 663 (1928).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-52 Indemnity, how collected.

§651-52 Indemnity, how collected.
Bonds of indemnity given to an officer, as provided in section 651-51, shall be collectible by the officer receiving the same, upon citation to show cause and proof of the signatures thereto, without the intervention of a jury, and the damages to be assessed thereon shall be the amount recovered against the officer, with interest and costs of suit, and the expenses of the citation and judgment of indemnity, for which execution may be issued against the co-obligors, both jointly and severally, leviable as in other cases of indebtedness. [CC 1859, §1034; RL 1925, §2454; RL 1935, §4155; RL 1945, §10182; RL 1955, §233-51; HRS §651-52]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-61 Exemption, how claimed.

Note
Sections 651-61 to 651-64 designated as Subpart A by L 1976, c 137, §6.
Rules of Court
See HRCP rules 64, 69; DCRCP rules 64, 69.
§651-61 Exemption, how claimed.
Where an officer is about to levy an attachment or execution on personal property, some of which is claimed as exempt, the officer shall demand of the defendant in writing that the defendant make selection of such property as is exempt to the defendant and in reference to which the defendant has the right of selection and the defendant shall then and there make the defendant's selection; or, failing so to do, the officer shall make it for the defendant, and any selection so made shall be conclusive on the defendant. [L 1901, c 9, §11; RL 1925, §2455; RL 1935, §4156; RL 1945, §10183; RL 1955, §233-60; HRS §651-61; am L 1978, c 46, §1; gen ch 1985]
Case Notes
Not necessary for execution or attachment defendant to make claim of exemption for property specifically exempt. 23 H. 584 (1917).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-62 Indemnity bond if exemption claimed.

§651-62 Indemnity bond if exemption claimed.
If any officer levies or is about to levy an attachment or execution on any property claimed as exempt under subpart C, and a doubt arises as to the liability of the property to be seized or sold, the officer may demand of the plaintiff a bond with sufficient sureties, payable to the officer, in a sufficient penalty, conditioned to indemnify and save harmless the officer against all damages, costs, and expenses which the officer may sustain in consequence of the seizure or sale of the property. If the bond is not given after twenty-four hours' notice in writing from the officer to the plaintiff, the plaintiff's agent, or attorney, if it is required, the officer may refuse to levy, or, having levied, may dismiss the levy. If the required bond is given, the officer shall seize and sell or dispose of the property according to the command of the process in the officer's hands. [L 1901, c 9, §12; RL 1925, §2456; RL 1935, §4157; RL 1945, §10184; RL 1955, §233-61; HRS §651-62; am L 1976, c 136, pt of §4; am L 1978, c 46, §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-63 Liability for selling exempt property.

§651-63 Liability for selling exempt property.
If any officer or other person seizes or sells any property exempt from execution under subpart C, the officer or other person shall be liable to an action at the suit of the owner for all damages and costs sustained thereby, including an attorney's fee to be fixed by the court before which the action is tried, and the fact that the officer or person has demanded and received the indemnifying bond mentioned in section 651-62 shall not exempt the officer or other person from the liability in this section specified. [L 1901, c 9, §13; RL 1925, §2457; RL 1935, §4158; RL 1945, §10185; RL 1955, §233-62; HRS §651-63; am L 1976, c 136, pt of §4; gen ch 1985]
Case Notes
Liability of officer seizing property. 23 H. 584, 586 (1917).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-64 Seizure of exempt property.

§651-64 Seizure of exempt property.
[(a)] Any defendant who claims that exempt property has been levied upon or seized may, with or without the giving of bond, apply to the court which issued the process for the release and return of the property. Upon the giving of bond in such sum and with such sureties as may be approved by the court, payable to the plaintiff in the attachment or execution and conditioned to have the property forthcoming to abide the court's determination of whether such property is exempt or for its value, and for the payment of costs, the court may order the property released and returned to the defendant forthwith. In such case the officer shall deliver the property to the defendant, and return the attachment or execution to the court whence it issued.
[(b)] If it shall be found that the property is liable to attachment or execution, the same not being exempt, the plaintiff shall have judgment against the defendant and the defendant's sureties on the bond for the value of the property and the costs of the proceeding including an attorney's fee, or for such costs and the reinstitution of the levy as of the date it was made, as the court shall order. But if it is found that the property is exempt, the defendant shall recover the defendant's property, damages, and costs including an attorney's fee to be fixed by the court. [L 1901, c 9, §14; RL 1925, §2458; RL 1935, §4159; RL 1945, §10186; RL 1955, §233-63; HRS §651-64; am L 1978, c 46, §3; gen ch 1985]
Case Notes
See analogy to tax exemption, must be clearly stated in statute. 8 F.2d 845 (1925).
In action of replevin to recover goods seized, plaintiff is bound to show plaintiff is a person protected by statute. 22 H. 136 (1914).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-68 Proceedings on execution; appraisers; expiration of lien, result.

§651-68 Proceedings on execution; appraisers; expiration of lien, result.
When an execution for the enforcement of a judgment is levied upon real or personal property for which an exemption is authorized under subpart B or C, the judgment creditor may at any time within sixty days thereafter apply to the court for the appointment of a person or persons to appraise the value thereof. If such application is not made within sixty days after the levy of such execution the lien of the execution shall cease at the expiration of such period, and no execution based upon the same judgment shall thereafter be levied upon the real or personal property. [L 1976, c 136, pt of §3; am L 1978, c 46, §4]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-69 Application form contents.

§651-69 Application form contents.
The application shall be made upon a verified petition of the judgment creditor filed with the court showing:
(1) The fact that an execution has been levied upon the real or personal property within sixty days prior to the filing of the petition;
(2) A description of the real or personal property and the name of the claimant of an exemption under subpart B or C;
(3) That the value of the real or personal property, over and above all liens and encumbrances thereon recorded prior to the lien under which sale is to be made, exceeds the amount of the real or personal property exemption, if any; and
(4) That no previous execution arising out of the same judgment has been levied upon the real or personal property. [L 1976, c 136, pt of §3; am L 1978, c 46, §5]
Revision Note
Pursuant to §23G-15, in:
(1) Paragraphs (1) and (2), punctuation changed; and
(2) Paragraph (3), punctuation changed and "and" added after ending punctuation.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-70 Service of petition and notice of hearing; effects of failure to serve; appointment of appraisers.

§651-70 Service of petition and notice of hearing; effects of failure to serve; appointment of appraisers.
[(a)] Within ninety days from the date of filing the petition, a copy thereof, with the notice of the time and place of hearing, shall be served personally by any person over the age of majority and by certified mail, return receipt requested, upon the claimant or the claimant's attorneys at least ten days before the hearing, then upon affidavit or refusal of such services or inability to locate upon diligent search and inquiry, by publication once in a newspaper of general circulation in the State at least twenty days before the hearing. If the notice is not served, the lien of the execution shall cease at the expiration of the ninety-day period, and no execution based upon the same judgment shall thereafter be levied upon the real or personal property.
[(b)] At the hearing the court may, upon proof of the service of a copy of the petition and notice, and of the facts stated in the petition, appoint one to three disinterested residents of the county in which the property is situated to appraise the value of the real or personal property. [L 1976, c 136, pt of §3; gen ch 1985]
2023 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]
2023 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).
2023 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]
2023 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]
2023 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).
2023 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]
2023 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.
2023 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]
2023 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]
2023 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).
2023 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]
2023 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]
2023 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).
2023 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]
2023 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).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651C. Uniform Fraudulent Transfer Act › 651C-8 Defenses, liability, and protection of transferee.

§651C-8 Defenses, liability, and protection of transferee.
(a) A transfer or obligation is not voidable under section 651C-4(a)(1) against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.
(b) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under section 651C-7(a)(1), the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against:
(1) The first transferee of the asset or the person for whose benefit the transfer was made; or
(2) Any subsequent transferee other than a good-faith transferee who took for value or from any subsequent transferee.
(c) If the judgment under subsection (b) is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.
(d) Notwithstanding voidability of a transfer or an obligation under this chapter, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:
(1) A lien on or a right to retain any interest in the asset transferred;
(2) Enforcement of any obligation incurred; or
(3) A reduction in the amount of the liability on the judgment.
(e) A transfer is not voidable under section 651C-4(a)(2) or section 651C-5 if the transfer results from:
(1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or
(2) Enforcement of a security interest in compliance with Article 9 of the Uniform Commercial Code.
(f) A transfer is not voidable under section 651C-5(b):
(1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien;
(2) If made in the ordinary course of business or financial affairs of the debtor and the insider; or
(3) If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor. [L 1985, c 216, pt of §1]
Case Notes
Fraudulent transfers, discussed. 916 F.2d 528 (1990).
Petitioners were entitled to a variety of means ( § §651C-7 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).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651C. Uniform Fraudulent Transfer Act › 651C-9 Extinguishment of cause of action.

§651C-9 Extinguishment of cause of action.
A cause of action with respect to a fraudulent transfer or obligation under this chapter is extinguished unless action is brought:
(1) Under section 651C-4(a)(1), within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant;
(2) Under section 651C-4(a)(2) or section 651C-5(a), within four years after the transfer was made or the obligation was incurred; or
(3) Under section 651C-5(b), within one year after the transfer was made or the obligation was incurred. [L 1985, c 216, pt of §1]
Case Notes
Section barred fraudulent conveyance claim by U.S. upon expiration of prescribed time period. 780 F. Supp. 705 (1992).
Petitioners' argument that the statute of limitations began to run when the judgment in the underlying action was filed was incorrect. 131 H. 497, 319 P.3d 416 (2014).
The one year limitations period under paragraph (1) that begins on the date a transfer "was or could reasonably have been discovered by the claimant" commences when a plaintiff discovers or could reasonably have discovered a transfer's fraudulent nature. 131 H. 497, 319 P.3d 416 (2014).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651C. Uniform Fraudulent Transfer Act › 651C-10 Supplement of provisions.

§651C-10 Supplement of provisions.
Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions. [L 1985, c 216, pt of §1]
Case Notes
Petitioners were entitled to a variety of means ( § §651C-7 and 651C-8 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).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 652. Garnishment › 652-2.5 Service on garnishee.

§652-2.5 Service on garnishee.
Service of the copy upon the garnishee may be made in any of the manners here described, namely:
(1) If the garnishee lives or has an office in the district in which process is issued, by the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11 handing a copy to the garnishee in person or leaving it in the garnishee's office in charge of some deputy or clerk or other employees or attache of the office; or
(2) If the garnishee lives in a district other than that in which the process was issued, by the sheriff, deputy sheriff, police officer, or independent civil process server handing a copy to the garnishee in person, or by mailing it in a sealed envelope, registered or certified, postage prepaid, return receipt requested, and addressed to the garnishee's last known home or business address.
[L 1992, c 82, pt of §1; am L 2013, c 116, § §15, 25(14); am L 2015, c 101, §4; am L 2021, c 41, §15; am L 2022, c 278, §17]
Note
The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 652. Garnishment › 652-2.6 Effect of service.

§652-2.6 Effect of service.
(a) In case of service upon the garnishee, the certificate of service or, if by mail, a copy of the return receipt provided by the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11 shall be prima facie proof of the service.
(b) For purposes of this chapter, service is effective from the time when the summons is handed to or left in the office of the garnishee, or reaches the garnishee or the garnishee's office by mail. [L 1992, c 82, pt of §1; am L 2013, c 116, § §16, 25(15); am L 2015, c 101, §4; am L 2021, c 41, §16; am L 2022, c 278, §17]
Note
The repeal and reenactment note at subsection (a) in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 652. Garnishment › 652-3 Amount withheld.

§652-3 Amount withheld.
For the purposes of garnishment, if it appears in any cause wherein service has been made as provided by law, whether before or after judgment, upon any garnishee from whom the defendant is in receipt of any wages, the court shall order and direct the garnishee not to withhold more than a portion of the wages of the defendant to be determined as provided for in the third paragraph of subsection (a) of section 652-1. The garnishee shall continue such withholding from the wages of the defendant until the action against the defendant has been finally determined and the final judgment obtained against the defendant, if any, has been fully paid with legal interest thereon. However, no more of the wages shall be withheld from the defendant in advance of final judgment than shall be sufficient to meet the demand of the plaintiff, together with cost and legal interest. [L 1907, c 99, §1; am L 1921, c 66, §1; RL 1925, §2828; am L 1925, c 262, §3; am L 1927, c 96, §3; am L 1933, c 172, §1; RL 1935, §4272; am L 1939, c 212, §2; RL 1945, §10303; RL 1955, §237-3; am L 1959, c 65, §3; HRS §652-3; gen ch 1985]
Case Notes
Adjustment of set-off to period before and after judgment. 19 H. 83 (1908).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 652. Garnishment › 652-4 Satisfying judgment.

§652-4 Satisfying judgment.
In case there is certified to any garnishee a judgment for the plaintiff, from or to which no appeal or execution at the time of its rendition, has been noted the garnishee shall pay to the plaintiff such sums as theretofore have been sequestered and not drawn against in pursuance of the action if the judgment equals or exceeds such sums. If the amount sequestered and not drawn against does not suffice to extinguish the judgment, then such sequestration and delivery to the plaintiff by the garnishee of a sum equal to the percentage of wages required to be withheld by section 652-1 shall continue from week to week, or from month to month, until the judgment, with legal interest thereon, is fully paid, or until the defendant quits the service of and dissolves the defendant's relation to the garnishee upon which sequestration is founded. [L 1907, c 99, §2; am L 1921, c 66, §1; RL 1925, §2829; am L 1927, c 96, §4; am L 1933, c 172, §1; RL 1935, §4273; RL 1945, §10304; RL 1955, §237-4; HRS §652-4; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 652. Garnishment › 652-5 Successive sequestration of wages, upon change of employment.

§652-5 Successive sequestration of wages, upon change of employment.
Whenever any judgment debtor has left the employ of any garnishee, against whom an order has been duly issued, before the full amount of the judgment has been paid, and has entered the employment of some other person, or of the State, or any political subdivision thereof, then the judgment creditor may sequester any wages due the judgment debtor from the new employer by filing with such person, or the respective government comptroller or other officer a certified copy of the judgment and an affidavit of the judgment creditor, showing the amount remaining due and unpaid on account of the judgment.
Thereafter, the new garnishee shall proceed to pay the same percentages of wages as required in an original garnishment, on the balance of the judgment, from week to week or month to month, until the balance due, with legal interest, is fully paid; or until such employment of the judgment debtor ceases. [L 1915, c 64, §1; am L 1919, c 161, §1; am imp L 1921, c 66, §1 and am c 202, §1; RL 1925, §2830; am L 1927, c 96, §5; am L 1933, c 172, §1; RL 1935, §4274; RL 1945, §10305; RL 1955, §237-5; am L Sp 1959 2d, c 1, §12; HRS §652-5]
Case Notes
A garnishment under this section has equal legal standing with an original garnishee summons; priority being determined according to time of receipt by garnishee. 50 H. 223, 437 P.2d 95 (1968).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 652. Garnishment › 652-6 Same.

§652-6 Same.
Section 652-5 shall extend to successive persons and to the State or any political or municipal subdivision thereof, other than the original garnishee, employing the judgment debtor, until the judgment debt has been fully discharged. [L 1915, c 64, §2; am L 1919, c 161, §2; am L 1921, c 66, §1; RL 1925, §2831; am L 1927, c 96, §6; am L 1933, c 171, §3; RL 1935, §4275; RL 1945, §10306; RL 1955, §237-6; HRS §652-6]