Bankruptcy is part of federal law and the bankruptcy court is a unit of the U.S. District Court for the District of Hawaii. A bankruptcy petition can only be filed in the bankruptcy court, not in the state court.

In contrast to civil actions in most courts where there is litigation between a plaintiff and a defendant, most cases in the bankruptcy court involve a debtor, creditors, and a trustee in the administration of a bankruptcy estate. Most, but not all, issues are resolved by way of motions and hearings rather than extended litigation involving trials. In addition, bankruptcy cases and proceedings are governed by the Federal Rules of Bankruptcy Procedure, which may vary from the Federal Rules of Civil Procedure. The bankruptcy court also does not typically hold jury trials. If a jury trial has been demanded, the action may be withdrawn for a jury trial in the U.S. District Court.

An adversary proceeding is a lawsuit related to a bankruptcy case. Whereas a bankruptcy case involves a debtor and his/her creditors, an adversary proceeding involves a “plaintiff” who has filed a complaint, and a "defendant" who must file an “answer” to the complaint. If the defendant fails to file a timely answer, the plaintiff may be able to obtain a judgment by "default." While some matters are resolved quickly in a bankruptcy case through motions, some issues must be litigated in adversary proceedings, which may take months and even years. See Bankruptcy Rule 7001 for the types of actions that require an adversary proceeding.

The court is prohibited from making any recommendations. Click here for a list of members of the Hawaii Bankruptcy Bar Association who may be able to assist you.

Unless specifically directed to do so by the judge, documents for filing may not be faxed or emailed. For documents mailed to the court, be aware that the filing date will be the date that the court receives the document, not when you put it in the mail. 

Online filing: If a party is represented by an attorney, only the attorney may electronically file documents. Pro se parties, i.e. parties without an attorney, may apply for a login for the CM/ECF system which will give access to a limited menu of documents if the case or proceeding already exists. Pro se parties may not file a bankruptcy petition or a complaint to open a case. Registration and training are required. For more information, contact the Clerk's Office.

See the information for Copies of Documents under the Case Information tab at this website.

Generally, certifications of judgments are intended to be used for registering the judgment in another federal court. An exemplification is used for filing a copy of a document with a state court or local authority. There is a fee to prepare an exemplification certificate in addition to the copying charge. If a copy of a document is to be filed in a foreign country, an apostille must be issued by the district court.

If no order has been entered on the docket, a minute entry will briefly summarize any decision made at the hearing. An audio record may also be available. You may view the minutes and listen to the audio file online using PACER, the federal judiciary’s online record system. Court staff are not allowed to explain or interpret what or why something happened at a hearing.

The U.S. Trustee Program is part of the Department of Justice, not a part of the court or federal judiciary. The U.S. Trustee Program oversees the bankruptcy system and appoints individual trustees in specific cases to make distributions if assets are sold in chapter 7 or plan payments are made in chapter 13 . These case trustees are private citizens, not government officials, but must file reports with the local Office of the U.S. Trustee.

Debtors and other parties in a bankruptcy case who are not represented by an attorney, may request limited online filing privileges in the CM/ECF system of the United States Bankruptcy Court for the District of Hawaii. This is a request to file documents in a specific existing case and access will be terminated when the case is closed.  All filers must submit a completed and signed registration form, agreeing to abide by the court’s rules and procedures regarding electronic filing. There is no entitlement to electronic filing; access to online filing is a privilege and may be withdrawn at any time solely at the court’s discretion. For more information, contact the Clerk's Office at (808) 522-8100..

In contrast to filing documents electronically, anyone may obtain a PACER account for viewing documents online. 

20 MB. You should be able to upload multiple PDFs as attachments for a single docket entry so long as each file is less than 20 megabytes. If you have a large number of attachments and have trouble completing the upload, file some of the attachments as separate docket entries. Select Miscellaneous Documents > Continuation of Document as the CM/ECF event and make sure you include a cover page identifying the document part and the correct sequence.

No, individuals can file without an attorney; this is sometimes called filing “pro se.” But bankruptcy cases can be complicated and many pro se cases are not successful. Please review the information under Filing Without an Attorney.

Persons with low incomes may qualify for help from Legal Aid Society of Hawaii or Volunteer Legal Services Hawai`i.

The Legal Aid Society of Hawaii (legalaidhawaii.org) is a public interest, not-for-profit law firm whose mission is to achieve fairness and justice through legal advocacy, outreach and education for those in need. Services include a monthly bankruptcy pro se clinic. Due to budgetary restrictions, Legal Aid currently only offers bankruptcy services to Oahu residents. Individuals may call LASH’s intake line at (808) 536-4302 to find out if they qualify for legal assistance.

Volunteer Legal Services Hawai`i (vlsh.org) is a non-profit organization that recruits volunteer attorneys to assist individuals with Chapter 7 bankruptcy and other civil legal matters. Services include advice and counsel clinics and self-help workshops. Individuals may call Volunteer Legal’s intake line at (808) 528-7026 to find out if they qualify for Volunteer Legal’s services.

The filing fee depends on what chapter under which you file. Click this link for information about Filing Fees.

In Chapter 7, you may file an Application for a Fee Waiver or an Application to Pay Filing Fee in Installments. There is a strict income qualification set by law for a full waiver. In addition, the judge must decide that you are not able to pay in installments. If the judge denies your application, you will be required to pay the filing fee in installments. In Chapter 7, an application to pay in installments generally is approved so long as your final installment is payable within 120 days after you file your petition.

Installment payments in Chapters 11, 12, and 13 are disfavored. If you do request payment in installments, the court generally will order you to pay the filing fee in full within 14 days after you file your petition.

No. Married individuals may file a "joint" petition but one spouse may file alone. However, information about assets and wages of the non-filing spouse must appear in your statements and schedules to give the court a complete picture of your financial situation.

The Bankruptcy Code requires that individuals obtain credit counseling in the 180-day period BEFORE filing a bankruptcy petition. You may file the petition before filing the certificate that will be issued by the credit counseling agency, but you must file it within 14 days after you file your petition. Click this link for more information about Credit Counseling. Note: after you file, you will need to take a separate course, Debtor Education, before being issued a discharge.

Individuals must obtain credit counseling in the 180-day period BEFORE filing a bankruptcy petition. A debtor education course (also known as a course in personal financial management) must be completed AFTER the petition has been filed. If you fail to obtain the credit counseling, your case may be dismissed. If you fail to complete a debtor education course, your case will be closed without a discharge. If your case is closed without a discharge and you later wish to submit a debtor education certificate, you will need to file a motion to reopen your case and pay a fee ($260 for Chapter 7, $235 for Chapter 13) before the court will issue you a discharge.

Yes - you are required to amend these if you need to add creditors or update or correct information in what you originally filed. There is an amendment fee if you file an amended creditor list or amended schedules D or E/F. If you add creditors, you must send them a copy of the notice of your bankruptcy case, and file a certificate of service that you did so. For detailed information, see the Amending Schedules & Creditor Lists section under Filing Without an Attorney.

At the meeting of creditors or “341” meeting (named that because the meeting is required under § 341 of the Bankruptcy Code), the debtor is questioned under oath by a trustee. Creditors are also given an opportunity to question the debtor. In a joint case, both spouses must appear. Failure to appear may result in dismissal of the case. Click here for more information. 

As of July 2023, meeting locations are no longer assigned by the debtor’s county of residence or principal place of business. Pursuant to Bankruptcy Rule 2003(a), § 341 meetings in chapter 7 cases will be scheduled between 21 and 40 days after the petition is filed; meetings in chapter 13 cases will be scheduled between 21 and 50 days after the petition is filed. For a change in date or time, contact the individual trustee appointed in your case. If a change is approved, it will be your responsibility to send a notice of the change to all creditors and parties in interest in your case.

A bankruptcy discharge releases a debtor from personal liability for certain specified types of debts. In other words, you are no longer legally required to pay any debts that are discharged. The discharge is a permanent order prohibiting the creditors from taking any form of collection action on discharged debts, including legal action and communications with the debtor, such as telephone calls, letters, and personal contacts. This is called the "discharge injunction." Although a debtor is not personally liable for discharged debts, a valid lien (i.e., a charge upon specific property to secure payment of a debt) that has not been avoided (i.e., made unenforceable) in the bankruptcy case will remain after the bankruptcy case. Therefore, a secured creditor may enforce the lien to recover the property secured by the lien. In a typical Chapter 7 case where no objections to discharge are filed, the court may issue a discharge approximately 60 days after the meeting of creditors, or about 90 days after the filing of the petition. A discharge in a Chapter 13 case will not be issued until all plan payments have been made - plans may last up to 5 years. Note that other requirements may apply, such as the need to complete a debtor education course and be current on domestic support obligations.

A reaffirmation agreement is a voluntary agreement between the debtor and a creditor whereby a debtor becomes legally obligated to pay all or a portion of a debt that otherwise would be discharged. You should consult an attorney familiar with bankruptcy law as to whether or not you should reaffirm a debt based on your particular situation. In certain circumstances, you may also need the court to approve the agreement. For more information about reaffirmation agreements, click here.

You must file a motion to dismiss and a hearing may or may not be required. Some form motions are available: Debtor’s Motion to Dismiss Chapter 7 Case and Debtor’s Motion to Dismiss Chapter 13 Case. Note that if you voluntarily dismiss your case after a motion for relief from the automatic stay has been filed, you may be ineligible to file another bankrupcty petition for 180 days.

A secured debt is a debt that is backed by a mortgage, pledge of collateral, or other lien, including a properly recorded judgment lien. It is a debt for which the creditor has the right to pursue specific pledged property upon default. Typically, things like a car or a house are used as collateral to secure consumer loans. If you have simply promised to pay someone a sum of money at a particular time and have not pledged any property, it is an unsecured debt. This may include a judgment that is not secured by a lien. Typically, things like medical bills and gas or electric bills are unsecured debts. Certain types of unsecured debts are entitled to priority under the Bankruptcy Code and are entitled to be paid ahead of other unsecured debts. Examples of priority debts are some taxes, wage claims of employees, and domestic support obligations such as alimony and child support.

You may wish to keep copies of all documents filed in your case. At a minimum, you should retain copies of your petition, schedules, statements, and creditor list, as well as your discharge and any orders issued in your case.

The Fair Credit Reporting Act generally requires Information about a bankruptcy case to be excluded 10 years after the date the bankruptcy was filed. See 11 U.S.C. § 1681c. As a matter of policy, a credit reporting agency may remove bankruptcy information after 7 years if it was a case under chapter 13 where a discharge was issued. You should check with the major credit reporting agencies about their policies: equifax.com, experian.com, transunion.com.

Note: The court does not provide any information or verification to the credit reporting agencies. Those agencies obtain information from public records such as PACER.

Section § 507 of the Bankruptcy Code specifies which types of claims are entitled to priority, such as domestic support obligations and employee wages. Section 12 of the proof of claim form (Official Form 410) lists the categories of priority claims. You should consult a bankruptcy attorney if you have questions about whether you have a priority claim.

Only the debtor and the debtor’s attorney are required to appear at the meeting of creditors (sometimes called the "341" meeting). You may appear to ask questions while the debtor is under oath, but a creditor’s attendance is voluntary. If you do wish to question the debtor, your time may be limited. For a more detailed examination, your attorney may file a Motion for Rule 2004 Examination. See Local Bankruptcy Rule 2004-1.

Information regarding possible concealment of assets should be given to the case trustee or the local Office of the U.S. Trustee. You may also click here to submit a report of suspected bankruptcy fraud to the United States Trustee Program. If you wish to object to the debtor receiving a discharge of debts or if you think a debt to you should not be discharged due to fraudulent conduct, you must file a formal complaint, for which there are deadlines to meet and a filing fee to be paid. This essentially begins a lawsuit and it is highly recommended that you consult an attorney who is experienced with bankruptcy law and rules before taking this action.

You may object to debtor getting a discharge or you may seek a ruling from the court that the specific debt to you should not be discharged. In either situation, you must file a formal complaint to commence an adversary proceeding. There is a filing fee of $350. You will be the plaintiff and the debtor will be the defendant, and the matter may eventually go to trial. Bankruptcy litigation may be complicated - consult an attorney who is familiar with bankruptcy law and procedures.

The outcome of an adversary proceeding to determine the dischargeability of a debt involves only your claim against the debtor. The adversary proceeding will proceed even though the debtor has received a discharge of other debts. The case may also be closed because no further administration of the estate is required. Issuing the debtor a discharge or even closing the case does not mean that the court has decided your claim against the debtor.

Under § 362(c) of the Bankruptcy Code, the automatic stay generally ends when a dismissal order is entered in the record. However, you may wish to consult an attorney familiar with bankruptcy law and procedures as to any actions you may or may not take.

Yes. If you assist the debtor at the meeting of creditors, you are considered to be representing the debtor. You must file a Disclosure of Compensation of Attorney for Debtor (Form B 2030) even if you do this as a courtesy and receive no compensation. Download this form from the U.S. Courts Bankruptcy Forms website. 

You were required to be served under Fed. R. Bankr. P. 7004(g). However, LBR 9011-1(b) provides that you may file a notice of non-representation in the adversary proceeding if your services were not included in your compensation disclosure statement. If you are a registered ECF user, you may file this notice using a text-only entry: Adversary > Miscellaneous Documents > Statement of Non-representation in an Adversary Proceeding.

See LBR 2091-1(c)(2): An attorney who changes firms but will continue to represent the party in a pending case, contested matter, or adversary proceeding must explicitly indicate that information in a notice. An attorney who will no longer be representing the party must include a notice that the attorney is withdrawing representation of that party and must (i) indicate the name of another member of the former firm upon whom service may be made, or (ii) comply with the provisions under LBR 2091-1 regarding withdrawal and substitution of counsel. Also see local form Attorney's Notice of Change of Address / Attorney's Notice of Change of Firm Affiliation. For assistance in electronically filing notices in multiple cases in CM/ECF, contact the Clerk's Office. Also remember to update your information in PACER.

A motion is required. See LBR 2091-1(a)(2).

See the court's guidelines on Filing Sealed and Redacted Documents.

If you can see the Bankruptcy and Adversary headings but there are no categories underneath them, you may have been locked out for failure to timely pay filing fees. Go to Utilities > Internet Fees Due and pay for the overdue filing fees. Log out, refresh your screen and login.

Login to CM/ECF.  Go to Reports > Select Summary of ECF Activity Report.  Enter Activity Date, select either Summary Text or Full Text and Run Report.  The next screen displays filing activity in cases in which you are involved.  While there is no charge to view the report, PACER fees apply when clicking the hyperlink to view the document or docket report.

Use the Mailings report to determine who will receive electronic notices in a specific case. Login to CM/ECF. Go to Utilities > Select Mailings. Select Mailing Info for a Case. Enter Case Number > Click Submit. Review the Electronic Mail Notice List and Manual Notice List.  Note: While there is no charge to view these lists, PACER fees apply to view the Creditor List and List of Creditors.

Any document which will be served by the court through the Bankruptcy Noticing Center (BNC) must not exceed 8.65" x 11.15", or it will be rejected by the BNC. It is important to ensure that your PDF conversion software and scanner are producing PDFs which do not exceed 8.5" x 11" inches. When the document is open in Adobe, the dimension appears in the bottom left of the screen. If a scanned document exceeds 8.65" x 11.15", Print to PDF to resize it. Select File > Print, and then change your default printer to Adobe PDF.  (Page Scaling should be “Fit to Printable Area”.)

FAILURE: Your PDF document has one or more pages that exceeds the standard page size limit and cannot be accepted until fixed.

eOrders will not accept a PDF of an order that is not 8.5" x 11" in portrait mode.  When the document is open in Adobe, the dimension appears in the bottom left of the screen. To resize it, either: (1) Rescan the original document with a scanner configured to produce an 8.5" x 11" PDF; or (2) Print to PDF: Select File > Select Print, and then change your defaulted printer to Adobe PDF (Page Scaling should be “Fit to Printable Area”).

If the error persists, contact the CM/ECF Help Desk at (808) 523-7373.

The maximum size for a single PDF uploaded in CM/ECF is 20 MB. To determine the size of a document, in Adobe Acrobat, click on File > Document Properties or press [Ctrl][D] and go to the Description tab. The File Size field is near the bottom of the screen.

To keep the size of PDF files as small as possible for faster uploading and to keep within the required size limit:

• After saving the completed PDF, click on File > Save As Other > Reduced Size PDF.
• Avoid scanning paper documents to PDF (which produces image documents). If you have an electronic version of a document, convert to PDF using an option within the program that created the document, or by opening the file in Adobe and saving as a PDF.
• If scanning a paper document cannot be avoided, choose the scanner setting of black and white (not gray scale or color) and set the resolution to 300 dpi.
• When using Word, use the Save as Adobe PDF option.

To break a PDF document into smaller segments in Adobe, use Organize Pages > Extract Pages and save each set of pages with a different file name.

When uploading documents, make sure each PDF is fully uploaded before attaching the next one.