What are Hawaii Bankruptcy Records?

Bankruptcy is a legal process initiated under USC Title 11 by persons or companies (debtors) who cannot meet their financial responsibilities to creditors. Bankruptcies are federal cases and therefore under the jurisdiction of the federal courts, and not the Hawaii Courts. In the State of Hawaii, the United States Bankruptcy Court District of Hawaii has the authority to hear these cases and record all activities or proceedings that follow thereafter. Bankruptcy records preserved by the court contain the personal and financial details of debtors and other information about the case. These records are generally accessible to the public through the court or federal electronic public access databases or third-party internet sites such as HawaiiCourtRecords.us.

What do Hawaii Bankruptcy Records Contain?

The information included in the Hawaii bankruptcy records listed below is not limited to:

• Case number
• The representing attorney’s details
• Creditors' names, addresses, and amount/type of claims
• Debtor’s name (including former business names and aliases)
• Debtor’s income, debts, expenses, and assets
• Value of assets
• Petition category (whether voluntary or involuntary, or for/against an individual or business)
• Debtor’s address
• Judge
• Trustee
• Case number
• The chapter filed
• Status of the case
• Final judgment
• Case discharge date
• Case closing date

Are Bankruptcy Records Public Information?

Yes, Hawaii bankruptcy records are considered public information, as given by Section 107(a) of the US Bankruptcy Code, unless sealed by court order. While these records may be inspected at, or copied from, the federal bankruptcy court or through federal electronic databases, the court may remove certain information in a record from public review by its motion or upon request by an affected party. Information that may be sealed or redacted is outlined in sections 107(b) and 112. They include the personal information of debtors and minor children, financial information, or identification documents (social security, tax identification, and bank account numbers) listed in 18 USC § 1028(d), as well as defamatory documents.

Records that are considered public may be accessible from some third-party websites. Such platforms operate independently of state agencies, which might help simplify the search process as they are not limited by geographic location. In addition, most third-party sites offer intuitive tools that inquirers can use to find specific or multiple records. To obtain records, interested parties may need to provide some or all of the following:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in.

Third-party sites are independent from government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How to Get Hawaii Bankruptcy Records

Members of the public may examine or obtain copies of Hawaii bankruptcy records in the following manner:

• Through the United States Bankruptcy Court District of Hawaii Clerk’s Office
• Through the San Francisco Federal Records Center
• Via the Public Access to Court Electronic Records (PACER) database
• Via the Voice Case Information System (VCIS)

The United States Bankruptcy Court District of Hawaii Clerk’s Office: Individuals may visit the Clerk’s Office during business hours (8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m.) on weekdays to examine or copy electronic images of documents filed on/after January 1, 1998. Below is the office’s address:

United States Bankruptcy Court District of Hawaii
1132 Bishop Street, Suite 250
Honolulu, HI 96813
Phone: (808) 522–8100
Fax: (808) 522–8120

While there is no fee payable to view electronic records, there is a fee assessed to print paper copies of such documents.

Requests for paper copies of bankruptcy documents may be made by email, phone (808) 522–8100 ext. 128, or in person or via mail to the Clerk’s Office at the address above. The Clerk’s Office may be contacted to receive ordering instructions and the amount payable to obtain copies.

Persons making requests for authenticated copies are often advised to email the court. It costs $11/certification. Generally, a copy request, whether for certified or non-certified copies or case document images (PDF), should contain a sufficient description of the record, including the record’s title and number. The standard fees for these requests (copies, certified copies, copies of tape recordings, record searches) are available on the Court Fees page.

The San Francisco Federal Records Center: Older bankruptcy records (before 1998) that are no longer maintained by the court are managed by the Federal Records Center (FRC) in San Francisco. Individuals may obtain these records for a fee, either by requesting copies directly from the FRC or by ordering entire record boxes through the Clerk’s Office. Requesters are subject to record retrieval and copy fees when ordering through the Clerk of Court. The court fee for record retrievals is $64 for the first box and $39 per additional box. Copies cost 50¢ per page.

The Public Access to Court Electronic Records (PACER): With a PACER account, requesters may access electronic document images (1998 to present date) of filed bankruptcies without visiting the court to view or print electronic files, as described above. Persons who do not have a PACER user account may create one by calling the Service Center at (800) 676–6856 between 8:00 a.m. and 6:00 p.m., or by registering online. Users may access the court’s PACER site after registration. Fees for using the platform are established on the Electronic Public Access Fee Schedule. These fees may be waived for researchers or users who do not spend above $30 in a quarter. However, it should be noted that while requesters may be able to access cases filed after December 1, 2003, records prior to this date and those that have been closed for over a year may only be publicly accessible at terminals in the Clerk’s Office.

The Voice Case Information System (VCIS): VCIS is a free electronic service offered to the public as a means of obtaining bankruptcy case information. VCIS may be accessed by calling (866) 222–8029 at any time and complying with voice instructions. The only requirement to access this service is a touch-tone telephone. Using VCIS, members of the public may be able to obtain the following case details:

• Case number
• Debtor’s name
• Attorney’s name and phone number
• Case opening, closing, and discharge dates
• Presiding judge’s name
• General case status
• Petition type
• Filing date
• Place and time of the first meeting and the pending 341 meeting
• Chapter
• Status of assets
• Tax identification number (last four digits)

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

The Clerk’s Office in Honolulu, Hawaii, provides information on the status of bankruptcy cases filed within the state. Therefore, interested parties may contact the office on its mainline (808) 522–8100. The status of a case may also be obtained through the Voice Case Information System (VCIS) at no cost or for a fee with PACER.

Can a Bankruptcy be Expunged in Hawaii?

In Hawaii, there is no statutory authority permitting the expungement of bankruptcies by the federal court, as these are not criminal cases. Bankruptcy records remain public information unless sealed or redacted for privacy reasons and are accessible online, electronically, or through the court. To redact personally identifiable information from remote electronic access, an affected individual may submit a Motion to Redact Form to the court. A petitioner is not subject to paying a filing fee if the person is, or is representing, the subject of the record. Individuals may also opt to file a Request for Redaction of Personal Identifiers to remove this information in a transcript. Personal identifiers that may be redacted include social security numbers, financial account numbers, minors’ names, and dates of birth.

What Disqualifies you from filing Bankruptcies in Hawaii?

Hawaii residents may be disqualified from filing for bankruptcy according to federal laws. For instance, residents who want to file for Chapter 7 bankruptcy must pass the Means Test, while Chapter 13 requires providing liquidated debts not up to the legal limit. There are approved credit counseling programs that filers must complete within 180 days before filing for bankruptcy. If the deadline is missed, the court will dismiss the case.

A bankruptcy applicant may also be disqualified due to waiting period requirements. Applicants who have been granted a Chapter 7, 11, or 12 discharge cannot be granted a Chapter 13 discharge until after 4 years. If the prior discharge was for Chapter 13, another filing must wait until after 3 years. A Chapter 7 discharge has an 8-year waiting period for filing another one and a 6-year waiting period to file Chapter 13 bankruptcy.

Hawaii residents who do not qualify for Chapter 7 bankruptcy may consider other options, such as Chapter 12 for family farmers or fishermen, or Chapter 11, which is mostly used by businesses and individuals whose debt limits exceed the requirements for Chapter 13. Chapter 13 bankruptcy is also available as a form of payment plan for applicants with steady income. This payment plan generally spans 3 to 5 years.