Best Restructuring & Insolvency Lawyers in Hawaii

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Gordon Rees Scully Mansukhani, LLP.
Honolulu, United States

Founded in 1974
1,688 people in their team
English
As the only law firm with offices and attorneys in all 50 states, we deliver maximum value to our clients by combining the resources of a full-service national firm with the local knowledge of a regional firm. Featuring more than 1,000 lawyers nationwide, we provide comprehensive litigation and...
Carlsmith Ball LLP
Honolulu, United States

Founded in 1857
46 people in their team
English
At Carlsmith Ball, our history is driven by change. From the founding of our first office in Hilo in 1857, to welcoming the state’s first woman lawyer, to representing Hawaii’s earliest condominium projects, we’ve been a part of the evolving legal landscape over the past 160 years. And we...
KOBAYASHI SUGITA & GODA, LLP
Honolulu, United States

Founded in 1971
39 people in their team
English
Since its inception in 1971, Kobayashi Sugita & Goda (KS&G) has been the law firm of choice for Hawaii’s most successful businesses, and has routinely guided the biggest companies in the world through Hawaii’s unique business environment. We’ve built a reputation for tackling the...

Founded in 1997
24 people in their team
English
ValueOur San Francisco lawyers are experienced in handling a wide variety of cases, including complex, high-exposure, document-intensive litigation and transactions. It is in just such high-exposure, complex cases that we often are able to deliver legal expense savings to clients, since we have...
Ashford & Wriston, LLP.
Honolulu, United States

Founded in 1695
30 people in their team
English
For more than 65 years, Ashford & Wriston has been trusted for its legal expertise in Hawaii. We have expanded our practice groups through organic growth and have developed the next generation of rising-star attorneys who work to find innovative ways to help our clients succeed.Traditionally...
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About Restructuring & Insolvency Law in Hawaii, United States

Restructuring and insolvency law in Hawaii refers to the body of legislation, rules, and procedures governing the financial restructuring or liquidation of individuals and businesses that cannot pay their debts. These laws exist to help debtors fairly resolve their obligations and to protect the rights of creditors. The process can involve negotiation, reorganization, and sometimes the formal court process of bankruptcy. In Hawaii, both federal bankruptcy law and specific local statutes and court rules apply, ensuring that individuals and businesses can pursue relief or orderly liquidation when faced with financial hardship.

Why You May Need a Lawyer

Many people in Hawaii may encounter circumstances where legal advice in restructuring or insolvency is necessary. Here are some typical situations where a lawyer's assistance can be crucial:

- If you or your business is overwhelmed by debt and facing threats of legal action from creditors.
- You are considering filing for bankruptcy but unsure of which chapter is best for your situation.
- You are undergoing a foreclosure, repossession, or wage garnishment.
- You need help with loan negotiations, debt restructuring, or developing a payment plan.
- Your business needs to reorganize debts while continuing operations.
- You suspect you may be liable for preferential or fraudulent transfers.
- There are complex assets or joint debts that require careful handling to avoid further financial loss.
- You are a creditor concerned about recovering what is owed to you from a debtor in distress.

A lawyer can guide you through the legal options, ensure compliance with all local rules, and protect your interests during negotiations or in court.

Local Laws Overview

In Hawaii, restructuring and insolvency matters are governed primarily by federal bankruptcy law, specifically under the United States Bankruptcy Code. Cases are filed in the United States Bankruptcy Court for the District of Hawaii. However, state laws also play a role in certain aspects, such as exemptions that determine what property a debtor may keep, foreclosure procedures, and collection actions under Hawaii Revised Statutes.

Key aspects of local law in Hawaii include:

- Hawaii-specific exemptions for homestead, personal property, and retirement accounts in bankruptcy.
- Judicial and non-judicial foreclosure processes regulated by state law, which impact homeowners and lenders.
- Rules for creditor claims and priority under Hawaii law, particularly in probate or business dissolution.
- Procedures for personal and business bankruptcy filings in Honolulu, with local forms and deadlines.
- Consumer protection provisions addressing debt collection practices.

It is important to understand how Hawaii’s specific statutes interact with federal law and how local practices may affect timelines and available relief.

Frequently Asked Questions

What types of bankruptcy are available in Hawaii?

The most common types of bankruptcy in Hawaii are Chapter 7 (liquidation), Chapter 13 (reorganization for individuals), and Chapter 11 (reorganization for businesses or individuals with high debt). Each type has its own requirements and implications.

Can I keep my home or car if I file for bankruptcy in Hawaii?

Hawaii law allows for certain exemptions that may let you protect your home and vehicle, depending on your circumstances and the amount of equity. Your attorney can explain which exemptions apply to your situation.

How long does bankruptcy take in Hawaii?

A simple Chapter 7 case may take three to six months, while a Chapter 13 repayment plan lasts three to five years. Chapter 11 cases can vary greatly in duration depending on complexity.

Will bankruptcy stop foreclosure or wage garnishment in Hawaii?

Yes, once you file for bankruptcy, an automatic stay generally goes into effect, which temporarily halts foreclosure actions and wage garnishments. However, certain proceedings may continue with court permission.

Does Hawaii have its own bankruptcy exemptions?

Yes, Hawaii has unique exemptions for items like your primary residence (homestead exemption), certain personal property, and retirement accounts. You may choose between the federal and state exemption lists as best fits your needs.

What is the difference between insolvency and bankruptcy?

Insolvency refers to the financial state of being unable to pay debts when due. Bankruptcy is a formal legal process for dealing with insolvency, which may involve restructuring debt or liquidating assets under court supervision.

Can I restructure my debts without filing for bankruptcy in Hawaii?

Yes, many individuals and businesses negotiate directly with creditors or seek to restructure debts through out-of-court settlements. A lawyer can help with negotiations and draft agreements to avoid court proceedings.

What happens to my credit after bankruptcy?

Filing for bankruptcy appears on your credit report for seven to ten years. However, many people find that bankruptcy enables them to start rebuilding their credit sooner than if they struggled with unpaid debts.

Can small businesses file for bankruptcy in Hawaii?

Yes, Hawaii small businesses can file for bankruptcy under Chapter 7 or Chapter 11. Chapter 11, in particular, allows businesses to reorganize and continue operating while repaying creditors under a structured plan.

Do I need a lawyer to file for bankruptcy in Hawaii?

While it is possible to file on your own, bankruptcy law is complex, and mistakes can lead to lost assets or a failed case. Working with a knowledgeable attorney greatly improves your chances of a successful outcome.

Additional Resources

Here are some helpful resources and organizations for those seeking advice on restructuring and insolvency in Hawaii:

- United States Bankruptcy Court for the District of Hawaii: Provides local forms, filing guidelines, and case information.
- Hawaii State Bar Association: Directory of licensed bankruptcy attorneys and legal resources.
- Hawaii Department of Commerce and Consumer Affairs: Offers information on consumer protection and foreclosure procedures.
- Legal Aid Society of Hawaii: Provides free or low-cost legal services for qualifying individuals.
- National Association of Consumer Bankruptcy Attorneys: Source for consumer bankruptcy information and attorney search.

Next Steps

If you believe restructuring or insolvency assistance is necessary, consider the following steps:

1. Gather information about your debts, income, expenses, and assets.
2. Review your financial situation and consider your long-term goals.
3. Contact a qualified restructuring and insolvency lawyer in Hawaii for an initial consultation.
4. Prepare to discuss your options, such as debt negotiation, out-of-court restructuring, or bankruptcy.
5. Follow your lawyer’s advice, complete required forms, and attend any necessary hearings or meetings.

Seeking early legal advice can give you peace of mind and help identify the best solution for your financial challenges. The right support is available in Hawaii to guide you through every step of the restructuring and insolvency process.

Lawzana helps you find the best lawyers and law firms in Hawaii through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Restructuring & Insolvency, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Hawaii, United States - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.