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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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If i walk away from my condo in hawaii, what assets can the

Customer Question

If i walk away from my condo in hawaii, what assets can the lender garnish in a deficiency judgement?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 4 years ago.

WebLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

WebLaw :

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WebLaw :

Once the lender obtains a deficiency judgment, the lender may garnish or attach all assets with the following exceptions:

WebLaw :

Homestead - 651-91 - Up to $30,000

Personal Property

651-121 - Motor vehicle up to $2,575; burial plot

651-121 - Unpaid wages due for services of the past 31 days.

Pensions including Roth IRAs, IRAs, and ERISA-qualified benefits, if deposited more than 3 years before filing.

346-33 - Public assistance paid by Dept. of Health Services for work done in home or a workshop.

351-66 - Crime victims' compensation; special accounts that were created to limit the commercial exploitation of crimes.

383-163 - Unemployment compensation.

386-57 - Workers' compensation.

392-29 - Temporary disability benefits.

653-4 - Unemployment work relief up to $60 per month.

651-121 - Tools, books, uniforms, implements, instruments, furnishings, fishing boat, nets, motor vehicle, and other personal property needed for livelihood.

431:10-231 - Accident, sickness or health benefits.

431:10-232 - Annuity contract or endowment policy proceeds if beneficiary is insured spouse, child or parent.

431:10-233 - Group life insurance policy or proceeds.

431:10-234 - Life or health insurance policy for child or spouse.

431:10-D:112 - Life insurance proceeds if policy prohibits use to pay creditors.

432:2-403 - Fraternal benefit society benefits.

Misc.

425-125 - Business partnership property.

WebLaw :


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