What is Chapter 7 bankruptcy?

The Bankruptcy Code defines several types of bankruptcy. Chapter 7 governs what are known as liquidation bankruptcies. In a Chapter 7 case, a bankruptcy trustee gathers a debtor’s non-exempt property and sells (i.e., “liquidates”) it. He or she then uses the sales proceeds to pay as much of the debtor’s unsecured debts as possible. When the case concludes, the court will discharge the debtor from liability for most such debts.

Importantly, the trustee’s authority only extends to non-exempt property. What property is exempt from liquidation depends on which state’s laws are used in a case. The Bankruptcy Code contains a list of exemptions, but allows states to create their own such lists. In addition, the states can require their residents to use those state exemptions, though many (including Hawaii) permit the debtor to choose which set of exemptions to apply.

Cost to file chapter 7 in Hawaii

The chapter 7 filing fees in Hawaii are $338, but that doesn’t tell the whole story of the real cost to file bankruptcy. Bankruptcy lawyers usually charge between $1,000 and $2,000 to file a chapter 7 case, in addition to the filing fee.

Where are the bankruptcy courts in Hawaii?

Chapter 7 bankruptcy cases in Hawaii are filed in the U.S. Bankruptcy Court for the District of Hawaii. It has one location:

Street Address: 1132 Bishop St., Ste. 250, Honolulu, HI 96813

Telephone: (808) 522-8100

Website: http://www.hib.uscourts.gov/

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