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HRS §431:15-318

When creditors with voidable claims can be paid

This section says that if a creditor got an unfair advantage (like a lien or transfer) that can be voided in an insurance company's liquidation, the creditor must give it up before their claim is allowed. If a court voids it, the creditor must pay or return the property within 30 days, unless the court allows more time. Late claims may be allowed if filed within 30 days of the avoidance.

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The statute, as written — Claims of holders of void or voidable rights

(a) No claims of a creditor who has received or acquired a preference, lien, conveyance, transfer, assignment, or encumbrance, voidable under this article, shall be allowed unless the creditor surrenders the preference, lien, conveyance, transfer, assignment or encumbrance. If the avoidance is effected by a proceeding in which a final judgment has been entered, the claim shall not be allowed unless the money is paid or the property is delivered to the liquidator within thirty days from the date of the entering of the final judgment, except that the court having jurisdiction over the liquidation may allow further time if there is an appeal or other continuation of the proceeding. (b) A claim allowable under subsection (a) by reason of the avoidance, whether voluntary or involuntary, of a preference, lien, conveyance, transfer, assignment, or encumbrance, may be filed as an excused late filing under section 431:15-325 if filed within thirty days from the date of the avoidance, or within the further time allowed by the court under subsection (a).
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§431:15-325 Filing claims in an insurance liquidation

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.