HRS §490:13-306
Which law decides who gets paid first when Article 9 doesn't apply
This section says which law decides who gets paid first when there are competing claims to certain property and the usual priority rules do not apply. It explains that Article 12 usually decides, but if the claims were set up before this law took effect, other law may apply, and old priorities stop on the adjustment date.
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The statute, as written — Priority of claims when priority rules of article 9 do not apply
(a) Subject to subsections (b) and (c), article 12 shall determine the priority of conflicting claims to article 12 property when the priority rules of article 9, as amended by Act 132, Session Laws of Hawaii 2023, do not apply. (b) Subject to subsection (c), when the priority rules of article 9, as amended by Act 132, Session Laws of Hawaii 2023, do not apply and the priorities of claims to article 12 property were established before the effective date of this article, law other than article 12 shall determine priority. (c) When the priority rules of article 9, as amended by Act 132, Session Laws of Hawaii 2023, do not apply, to the extent the priorities determined by this article modify the priorities established before the effective date of this article, the priorities of claims to article 12 property established before the effective date of this article shall cease to apply on the adjustment date.
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