No Rate Cap, One Real Weapon Hawaii lets a commercial funder charge any rate it likes, then hands your company treble damages under one narrow prong. We will tell you which prong your paperwork reaches. Call Now - Free Consultation

Business Debt Restructuring in Hawaii: 7 Laws That Change Your Leverage (2026)

Bottom line: Hawaii has no commercial financing disclosure law, no loan broker act, and no rate ceiling on a business advance, so seven other bodies of Hawaii law set the price of a restructuring here: (1) the absence of any confession of judgment procedure, with the only statutory ban sitting in the consumer chapter at HRS §476-15, (2) HRS §478-4(c), which lets a commercial contract stipulate any rate, and the “home business loan” definition at §478-1 that quietly pulls a mortgaged residence back under the 12 percent cap, (3) the empty space in Title 26 where a disclosure statute would sit, (4) chapter 651C, still the Uniform Fraudulent Transfer Act, (5) garnishment under chapter 652 and the lien at §636-3, (6) HRS §480-2(e) and §480-13(a), which give a business treble damages with a $1,000 floor plus fees, and (7) a homestead exemption of $20,000. Call (888) 559-0156.

What Hawaii Takes Away, and the One Thing It Hands Back

The first thing to understand about a business advance in Hawaii is that the interest rate on it is legal, whatever it is. HRS §478-4(a) caps written contract interest at 12 percent a year, or 24 percent when the creditor is a financial institution regulated under chapter 412 other than a trust company or a credit union, and those numbers look protective right up to the moment you notice which transactions they reach. Subsection (a) speaks only to a consumer credit transaction and a home business loan. Subsection (c) then says that for any transaction other than those two and a credit card agreement, it is lawful to stipulate by written contract for any rate of interest not otherwise prohibited by law, which is the entire Hawaii usury answer for an advance to your operating company, delivered in one sentence.

So the rate fight most owners want to have is over before it starts, and every honest Hawaii analysis has to say that out loud rather than gesture at a 12 percent figure that does not apply. What Hawaii gives back is unusual and worth far more than the ceiling would have been. HRS §480-13(a)(1) awards a person injured in its business or property a sum not less than $1,000 or threefold the damages sustained, whichever is greater, together with reasonable attorney’s fees and the costs of suit. HRS §480-12 makes any contract in violation of chapter 480 void and unenforceable at law or in equity. Your company can reach both, but only through one specific prong of §480-2, and the prong matters enormously.

The other five run from the paper to the money and back to your own name. What Hawaii never enacted about disclosure, what its 1985 transfer statute still calls things and how long its three clocks run, how a garnishment binds an account and how long a recorded judgment keeps working, and finally what a personal guaranty leaves you standing on in a state where the homestead exemption was last raised in 1978. Read the fifth and seventh together if your guaranty is signed, because in Hawaii the identity of the signatures on that document decides more than the dollar figures in the exemption statute do.

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1. There Is No Hawaii Procedure for the Judgment You Already Signed

A confession of judgment clause appoints someone the funder chooses to walk into a courthouse, admit your liability on your behalf, and take a judgment without notice to you or any chance to answer. Hawaii does prohibit the device by statute, and the prohibition is one sentence long: HRS §476-15 provides that no provision in a credit sale contract for confession of judgment, power of attorney therefor, or wage assignment shall be enforceable in this State. Read that alone and you would think the question is closed. Read the definitions section that governs it and the picture inverts. Section 476-1 defines a credit sale to exclude any sale primarily for a business, commercial, or agricultural purpose and any sale to other than a natural person, which means the ban was drafted around consumer paper and does not describe the funding agreement your LLC signed.

That leaves the affirmative side of the question, and the affirmative side is empty. Chapter 636 of the Hawaii Revised Statutes is titled Judgment, and the two sections that once opened it, §§636-1 and 636-2, were repealed outright by L 1972, c 89, §3(e). What remains in the chapter is §636-15 on default judgments, §636-4 on the examination of judgment debtors, §636-3 on liens and §636-16 on interest, and not one word instructing a Hawaii clerk what to do when a creditor’s lawyer appears holding a warrant of attorney. Searching the reported Hawaii decisions for the phrase returns cases from 1880, 1883, 1887 and 1909 and nothing modern, which tells you the device has not been litigated here in living memory.

From the funder’s side of the table that absence is a scheduling problem rather than a defeat, and the workaround is well worn. A funder holding New York or New Jersey paper does not try to enter the confession in Honolulu. It enters the judgment where a clerk will take it and then walks the result in under chapter 636C, Hawaii’s Uniform Enforcement of Foreign Judgments Act. Section 636C-3 lets an exemplified foreign judgment be filed with the clerk of the appropriate court and directs that the clerk treat it in the same manner as a judgment of a Hawaii court, with the same effect and the same procedures, defenses, and proceedings for reopening, vacating, or staying, including establishing a lien.

The practical consequence is that your first notice of a Hawaii judgment may be a letter under §636C-4(b), which requires the clerk to mail notice of the filing to you at the address in the creditor’s affidavit, and by then the judgment already exists. Section 636C-5 is the pressure valve: the court shall stay enforcement where you show an appeal is pending or will be taken, or that a stay of execution was granted in the rendering state, on proof that you furnished the security that state required, and subsection (b) stays enforcement on any ground that would stay a Hawaii judgment. The United States Supreme Court declined in D. H. Overmyer Co. v. Frick Co., 405 U.S. 174 (1972), to hold cognovit provisions unconstitutional in every case, and left the enforceability of a particular waiver to the facts surrounding it, which is exactly the ground a Hawaii litigator works when the notice arrives.

Filed Here, or Filed Elsewhere First: Hawaii’s only confession of judgment ban, HRS §476-15, sits inside the consumer Credit Sales chapter, and §476-1 excludes business purpose transactions and sales to entities from the definition of credit sale. If a judgment appears against your company here, look at chapter 636C rather than chapter 636: an imported judgment carries the same defenses and the same vacatur and stay procedures as a domestic one under §636C-3. (HRS §476-15)

2. Subsection (c) Ends the Rate Argument, and One Definition Restarts It

Hawaii’s interest chapter reads like it has teeth until you sort the transactions by category. HRS §478-2 sets a legal rate of 10 percent a year where there is no express written contract fixing a different rate. HRS §478-4(a) then makes it lawful to stipulate by written contract for simple interest not exceeding 1 percent per month or 12 percent a year, or 2 percent per month and 24 percent a year where the creditor is a financial institution regulated under chapter 412 other than a trust company or a credit union. Subsection (b) offers the same ceilings expressed as an annual percentage rate for a finance charge in any form. Both subsections apply, by their own opening words, only to a consumer credit transaction other than a credit card agreement and to a home business loan.

Then comes §478-4(c), and it is short enough to read in one breath: with respect to any transaction other than a consumer credit transaction, a home business loan, or a credit card agreement, it shall be lawful to stipulate by written contract for any rate of interest not otherwise prohibited by law. An advance to your entity, unsecured by anybody’s residence, is none of the three excluded categories, so nothing in chapter 478 limits what it costs. Anyone quoting you the 12 percent figure without reading four subsections down has told you about a statute that governs somebody else’s loan, and the only reported federal decision testing the chapter on a business account, GWC Restaurants, Inc. v. Hawaiian Flour Mills, Inc., 691 F. Supp. 247 (D. Haw. 1988), dismissed a restaurant’s usury count after finding the restaurant a merchant under HRS §490:2-104.

The definition that can undo all of that sits in §478-1 and almost nobody reads it. A “home business loan” is a credit transaction in which the principal does not exceed $250,000 and which is not a consumer credit transaction. It also has to be secured by a mortgage of the principal dwelling of any natural person who is a mortgagor named in the mortgage given as security in connection with the credit transaction. Pledge the house to get the business money, keep the principal under $250,000, and the 12 percent ceiling in §478-4(a) reattaches to a transaction that would otherwise have been uncapped. That is the single most valuable sentence in chapter 478 for a Hawaii owner, and it is worth reading your security documents tonight to learn whether it describes you.

Where it does describe you, §478-5 supplies a penalty severe enough to change a negotiation. If proof is made in any action on the contract that a greater rate than the law permits was directly or indirectly contracted for, the creditor shall only recover the principal and the debtor shall recover costs. If interest has already been paid, judgment shall be for the principal less the amount of interest paid. The creditor keeps its principal and loses every dollar of the yield, which for a high factor deal is most of the money. Section 478-6 adds a criminal provision on top, making receipt or arrangement of interest above the permitted rate on any credit transaction punishable by a fine of not more than $250, imprisonment of not more than one year, or both.

Subsection (c) Is the Whole Answer: Two figures survive everything. HRS §478-3 allows interest at 10 percent a year “and no more” on any judgment recovered before any court in the State in any civil suit, and HRS §478-8 opens each of its exemptions with the words “except for this section and section 478-3,” so no exemption in the chapter lifts the judgment rate. A funder that wrote a 24 percent default rate into your agreement does not carry it onto a Hawaii judgment. (HRS §478-4)

3. Title 26 Has a Chapter for Pawnbrokers and None for Your Funder

As of August 2026 the Hawaii Revised Statutes contain no commercial financing disclosure statute, no sales-based financing chapter, no loan broker act, and no credit services organization act. That is not an inference from a summary. The chapter run in Title 26, Trade Regulation and Practice, goes from chapter 476 on credit sales through chapter 489X, and it contains chapters on check cashing, pawnbrokers and secondhand dealers, health clubs, gasoline dealers, going out of business sales, water treatment units and international matchmaking organizations, and nothing at all on the financing of a small business. No Hawaii agency requires your funder to hand you a page stating the amount financed, the amount disbursed after fees, the total repayment, the finance charge or an estimated annual percentage rate, and no Hawaii office registers the broker who placed the deal.

The two licensing regimes that look like they might reach a funder do not, and it is worth knowing exactly why rather than assuming. Chapter 489D, the Money Transmitters Modernization Act, requires a license under §489D-3 to engage in the business of money transmission. Section 489D-4 defines that business as selling or issuing payment instruments in the State, selling or issuing stored value to a person located here, or receiving money or monetary value for transmission from a person located here, none of which describes buying receivables. Chapter 412 article 9 requires a financial services loan company license under §412:9-101 for making loans and extensions of credit where the interest charged, contracted for, or received exceeds rates permitted by law other than that article, and for a pure commercial deal §478-4(c) permits any rate, so nothing is exceeded.

Follow that reasoning one step further, though, because it points somewhere useful. If the transaction is a home business loan under §478-1, then the permitted rate is 12 percent, and a nonbank funder charging above it is extending credit above rates permitted by law other than article 9. Whether §412:9-101 then requires a license is a real question that no Hawaii court has answered on these facts. We have not located a Hawaii decision applying chapter 412, chapter 478 or chapter 480 to a merchant cash advance, and we are not going to imply one exists. It is argument on open ground, which is worth something in a negotiation and worth putting to Hawaii counsel before it is worth putting in a demand letter.

One more chapter gets cited to Hawaii business owners incorrectly often enough to flag. Chapter 480D, Collection Practices, bans threatening violence, falsely accusing a person of fraud, threatening arrest for nonpayment and collecting fees not authorized by the agreement or by law, and §480D-4(a) makes any violation a per se unfair method of competition or unfair and deceptive act within the meaning of §480-2. It is a strong chapter and it is closed to you, because §480D-1 states that it is intended to cover collection activities in collecting consumer debts and §480D-2 defines consumer debt as a debt of a natural person incurred primarily for personal, family, or household purposes. With no regulator and no disclosure file, the leverage in a Hawaii workout comes from the agreement itself and the transaction record, which is where our Hawaii merchant cash advance defense page picks up the document side.

Checked Against the Title 26 Chapter Run: Eleven United States jurisdictions had a commercial financing disclosure or broker statute as of August 2026, and Hawaii is not one of them. Neither is it one of the states with a loan broker act reaching an independent sales organization. If your agreement recites California or New York law, ask counsel whether that recital carries a disclosure duty along with it, because the answer is not automatic and it is not free to assume either way.

4. Chapter 651C Was Enacted in 1985 and Never Touched Again

Roughly half the country replaced its fraudulent transfer act with the 2014 Uniform Voidable Transactions Act, renamed the operative word from fraudulent to voidable, and renumbered as it went. Hawaii did none of that. Chapter 651C is captioned the Uniform Fraudulent Transfer Act, every one of its ten sections closes with the same source note, L 1985, c 216, and the text still speaks of a transfer being fraudulent as to a creditor. If an adviser hands you a memo about voidable transactions and reasonable equivalent value under sections numbered four and five of a uniform act, check whether the sections cited are Hawaii sections, because the vocabulary is the fastest way to tell whether the person writing has opened the right book.

The two tests sit in §651C-4(a). Paragraph (1) reaches a transfer made or obligation incurred with actual intent to hinder, delay, or defraud any creditor, whether that creditor’s claim arose before or after the transfer. Paragraph (2) needs no intent at all and asks instead whether you received a reasonably equivalent value. It then asks whether the remaining assets were unreasonably small in relation to the business you were engaged in or about to engage in, or whether you intended to incur or believed or reasonably should have believed you would incur debts beyond your ability to pay as they came due. Subsection (b) lists eleven factors a court may weigh on intent, and the eleventh describes a pattern this industry sees constantly: whether the debtor transferred the essential assets of the business to a lienor who transferred them to an insider of the debtor.

Section 651C-5 adds the versions available to a creditor whose claim already existed. Subsection (a) reaches a transfer for less than reasonably equivalent value made while you were insolvent or that made you insolvent, and §651C-2(b) supplies a presumption of insolvency for a debtor who is generally not paying debts as they become due, which is a description of nearly every business reading this page. Subsection (b) reaches a transfer to an insider on an antecedent debt made while insolvent where the insider had reasonable cause to believe you were insolvent, and paying yourself back on an old shareholder loan while four advances go unpaid is precisely that fact pattern.

The remedies at §651C-7(a) run from avoidance of the transfer to the extent necessary to satisfy the claim, to attachment or another provisional remedy against the asset transferred or other property of the transferee in accordance with chapter 651, to an injunction against further disposition, to appointment of a receiver. Subsection (b) lets a creditor holding a judgment levy execution on the transferred asset or its proceeds. Section 651C-8 is where the defenses live, and two of them matter in a workout. Subsection (e)(2) protects a transfer resulting from enforcement of a security interest in compliance with Article 9, and subsection (f)(3) protects an insider transfer made pursuant to a good faith effort to rehabilitate the debtor where it secured present value given for that purpose along with the antecedent debt. That last provision is the statutory reason a restructuring gets documented before it happens rather than explained afterward.

1985 Text, Three Clocks: HRS §651C-9 extinguishes the claim rather than merely barring it. Four years from the transfer under §651C-4(a)(1), or one year after the transfer was or could reasonably have been discovered if that is later; four years under §651C-4(a)(2) and §651C-5(a); and one year flat under §651C-5(b) for the insider antecedent debt transfer. Date and value every distribution, equipment sale and loan repayment of the last four years before anyone drafts a plan. (HRS §651C-9)

5. How a Hawaii Garnishment Binds an Account, and for How Many Years

Hawaii runs collection against a business through the garnishee process in chapter 652 rather than through a sheriff’s levy, and the reason is mechanical. Section 651-42 requires every levy under a writ of execution to be made by the officer taking the property into possession, care, and guardianship and making an inventory of it. The annotations to that section record the long-settled rule that a chose in action is not subject to levy and sale upon execution. Your receivables, your merchant processor reserve, the money your customers owe you and the balance in your operating account are all obligations owed to you rather than things an officer can carry away, so they travel through garnishment, and the practical effect is that the bank rather than the sheriff is the party your funder serves.

Section 652-1(a) lets a creditor request garnishee process before any judgment exists, subject to the procedure in §652-1.5, and that procedure is the protection worth knowing. The creditor files an application, an affidavit stating facts sufficient to show probable validity of the claim, and an order setting a hearing, and the summons must be served on you at least four days before that hearing. Section 652-1.5(d) limits the hearing to whether probable validity exists and whether any of the property in the garnishee’s hands is exempt from execution, and it is your only opportunity to argue before money stops moving. Section 652-1.5(e) allows the process to issue without any hearing at all where a creditor swears there is reasonable likelihood you are about to leave the State, are hiding, are removing property, or have disposed of or concealed assets to hinder creditors.

Once the summons is served the mechanics are fast and blunt. Under §652-1(a) the summons must specify an amount not exceeding 120 percent of the plaintiff’s claim including cost and interest. From the time of service the garnishee holds the goods and effects in its hands, any debt then owing to you, and any of your money it holds for safekeeping, up to that specified amount. Section 652-2.6(b) makes service effective from the moment the summons is handed to or left in the office of the garnishee or reaches the garnishee by mail, which means there is no grace period between the bank receiving the paper and the balance freezing. Wages are handled by formula in §652-1(a)(4), at 5 percent of the first $100 per month, 10 percent of the next $100, and 20 percent of everything above $200 a month.

The long tail is where Hawaii differs most from the states that let a judgment expire quietly. Under §636-3 any money judgment of a state court or of the United States District Court for the District of Hawaii becomes a lien on real property when a certified copy is recorded in the Bureau of Conveyances. Because that office is statewide, one recording reaches property on every island rather than county by county. The lien lasts as long as the judgment does, and §657-5 gives every Hawaii judgment ten years before it is presumed paid and discharged, permits an extension only if sought within those ten years, and forbids a court from extending any judgment beyond twenty years from the original date. Add §478-3 interest at 10 percent, and a judgment left alone for a decade is a materially larger number than the one entered.

Bureau of Conveyances, Not the Circuit Clerk: One recording covers the whole state. HRS §636-3 makes a money judgment a lien on real property when a certified copy is recorded in the Bureau of Conveyances, with registered land governed instead by §§501-241 to 501-248 and part II of chapter 501. Under HRS §636-4 a judgment creditor can also compel you and anyone with knowledge of your affairs to be examined under oath about what you own and who owes you money. (HRS §636-3)

6. Your Company Loses the Deception Claim and Wins the Competition Claim

HRS §480-2(a) declares unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce unlawful, which reads like one prohibition and functions as two. Subsection (d) provides that no person other than a consumer, the attorney general, or the director of the office of consumer protection may bring an action based upon unfair or deceptive acts or practices declared unlawful by the section. Section 480-1 defines consumer as a natural person who, primarily for personal, family, or household purposes, purchases or is solicited to purchase goods or services, or who commits money, property, or services in a personal investment. Your LLC is not a natural person and did not take the advance for household purposes, so the deception half of §480-2 is closed to it before the analysis begins.

Subsection (e) is the half that is open, and it was added later for exactly this reason. It provides that any person may bring an action based on unfair methods of competition declared unlawful by the section. Section 480-1 defines person to include corporations, partnerships, limited liability companies and unincorporated associations, and the same section defines commodity to include trade or business in service trades, transportation, insurance, banking, lending, advertising, bonding, and any other business. In Hawaii Medical Ass’n v. Hawaii Medical Service Ass’n, 113 Hawai‘i 77, 148 P.3d 1179 (2006), the Hawai‘i Supreme Court held that §480-2(e) took effect June 28, 2002 and does not apply retroactively. The same decision held that plaintiffs need not be competitors of, or in competition with, the defendant in order to bring the claim.

What that unlocks is the strongest single provision on this page. HRS §480-13(a)(1) provides that any person injured in the person’s business or property by reason of anything forbidden or declared unlawful by chapter 480 may sue for damages. If judgment is for the plaintiff, the plaintiff shall be awarded a sum not less than $1,000 or threefold the damages sustained, whichever is greater, together with reasonable attorney’s fees and the costs of suit. Section 480-12 sits alongside it and provides that any contract or agreement in violation of the chapter is void and is not enforceable at law or in equity, and §480-17(b) extends penal violations by a limited liability company to the individual members, managers or agents who authorized, ordered or did the acts. The limitations period at §480-24 is four years, with a continuing violation deemed to accrue at any time during the period of the violation.

The price of admission is the element the statute does not spell out. In Field v. National Collegiate Athletic Ass’n, 143 Hawai‘i 362, 431 P.3d 735 (2018), quoting Gurrobat v. HTH Corp., 133 Hawai‘i 1, 323 P.3d 792 (2014), the court set the test at a violation of chapter 480, an injury to the plaintiff’s business or property flowing from conduct that negatively affects competition or harms fair competition, and proof of damages. The second element requires both injury in fact and a showing of the nature of the competition. Field made that showing survivable, holding that a plaintiff resisting summary judgment must demonstrate the conduct could negatively affect competition rather than prove it in fact did. No Hawaii decision has yet applied any of this to a merchant cash advance, so a §480-2(e) count here is argument on fresh ground rather than settled law, and it belongs with a Hawaii litigator who has read Field.

Which Prong Your Company Actually Files Under: File under HRS §480-2(e), never §480-2(a) deception, because §480-2(d) limits that half to a consumer, the attorney general and the office of consumer protection. The payoff is §480-13(a)(1): not less than $1,000 or threefold damages, whichever is greater, plus reasonable attorney’s fees and costs of suit. Civil penalties of $500 to $10,000 per violation under §480-3.1 belong to the State alone and are not yours to collect. (HRS §480-13)

7. Twenty Thousand Dollars of Home, and the Signature That Decides More

Once a personal guaranty becomes a judgment against you individually, HRS §651-92 is the list of what a creditor cannot take from your real property, and the numbers are the ones the legislature set in the 1970s. Subsection (a)(1) exempts an interest in one parcel of Hawaii real property of a fair market value not exceeding $30,000 owned by a defendant who is either the head of a family or an individual sixty-five years of age or older. Subsection (a)(2) exempts an interest not exceeding $20,000 owned by a defendant who is a person, and §651-91 defines person for this subpart as any individual under sixty-five other than the head of a family. Those figures came in with L 1976, c 136 as amended by L 1978, c 46, they carry no indexing provision, and no session since has raised them.

The measurement rules narrow it further. Section 651-91 defines the protected real property as the dwelling house in which the owner resides together with one parcel of land not exceeding one acre on which it sits. Section 651-92(a) requires the exempt interest to be determined by appraisal, and to be an interest over and above all liens and encumbrances recorded prior to the lien being executed on. No more than one exemption may be claimed on any one parcel, even where several people living there would each otherwise qualify. Subsection (b) then removes the exemption entirely against a §507-42 mechanic’s or materialman’s lien, a mortgage or other security instrument, a federal or state tax lien, a county improvement district lien, and any lien recorded before you acquired your interest and began residing there.

The personal property schedule at §651-121 is the same vintage and just as literal. Necessary household furnishings, appliances, books and wearing apparel are protected, plus jewelry, watches and items of personal adornment to an aggregate cash value not exceeding $1,000. One motor vehicle is protected to $2,575 over and above liens, measured at established wholesale used car prices from the guides Hawaii dealers use. Wages are exempt only for services rendered during the thirty-one days before the date of the proceeding. Paragraph (3) is the outlier worth knowing, because it exempts any combination of tools, implements, instruments, uniforms, furnishings, books, equipment, one commercial fishing boat and nets, one motor vehicle and other personal property reasonably necessary to and personally used by you in your trade, business, calling or profession, and it states no dollar figure at all. There is no wildcard in the section and no exemption for a bank balance.

None of which is the most important fact in this item. In Sawada v. Endo, 57 Haw. 608, 561 P.2d 1291 (1977), the Hawai‘i Supreme Court held that property held by a married couple in tenancy by the entirety is not subject to levy for the separate debt of one spouse. The legislature wrote the same principle into §651C-1, whose definition of asset excludes an interest held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant. So the question that decides your exposure is not the $20,000 figure. It is whether the funder got one signature on that guaranty or two, and if the paperwork in front of you asks a spouse to sign something, that is the moment to take advice rather than the moment to sign.

Two Numbers Set in 1978: The Hawaii homestead figures at HRS §651-92 are $30,000 for a head of family or a person sixty-five or older and $20,000 for everyone else, they are measured over and above every prior recorded lien, and they have not been amended since L 1978, c 46. Under §651-61 the levying officer demands in writing that you select your exempt personal property, and if you fail to select, the officer selects for you and that selection is conclusive. (HRS §651-92)

The General Excise Tax Is Trust Money, and It Follows You Home

Hawaii does not have a sales tax. It has a general excise tax on the privilege of doing business, measured under HRS §237-13 by gross proceeds and gross income rather than by profit, at 4 percent for retail sales of tangible personal property, 4 percent for contracting under §237-13(3)(A), 4 percent for services, and one half of one percent for wholesaling. Section 237-8.6 lets each county add a surcharge of up to one half of one percent, and the Department of Taxation publishes all four counties at 0.5 percent through December 31, 2030, with a maximum rate a business may pass on to a customer of 4.7120 percent. Section 237-30(a) makes the tax payable in monthly installments due by the twentieth day of the following month, which lands on the same calendar as everybody else’s obligations.

That structure is brutal for a distressed business in a way an income tax is not, because the liability accrues on money that came in whether or not any of it stayed. A Hawaii restaurant grossing $180,000 in a month owes general excise tax on all of it, and a month of negative operating margin does not reduce the bill by a dollar. When four daily debits are consuming 30 percent of deposits, the general excise tax return due on the twentieth is the single easiest payment to skip, because unlike a landlord or a vendor the Department of Taxation does not call on the twenty-first, and that silence is exactly what makes the decision so expensive.

Section 237-41.5 explains why. Subsection (a) provides that any amount collected as a recovery of the taxpayer’s liability and separately stated on a receipt, contract, invoice or billing, and where nothing was separately stated an imputed amount equal to gross income multiplied by the tax rate, shall be held in trust for the benefit of the State. Subsection (b) makes any officer, member, manager or other person having control or supervision over those amounts, or charged with responsibility for filing returns or paying the tax, personally liable for unpaid taxes, interest and penalties where that person wilfully fails to pay, with wilfully defined as a voluntary, intentional violation of a known legal duty, construed in accordance with judicial interpretations of similar Internal Revenue Code provisions.

Read those subsections in order and the exposure is complete. Because §237-41.5(a)(2) imputes trust status even where you never separately stated the tax on an invoice, a business that simply quoted round prices and never itemized general excise tax on anything still has trust fund exposure. Subsection (c) limits each person’s liability to taxes that came due during the period of that person’s control, subsection (d) exempts nonpayment for good cause as determined by the director, and subsection (e) states plainly that voluntary or involuntary dissolution of the taxpayer, or withdrawal of its right to do business here, does not discharge the liability. Closing the entity does not close this, which is why any Hawaii restructuring plan that quietly funds the debits out of unremitted general excise tax is converting company debt into your own debt at one hundred cents on the dollar.

Twenty Days a Month, at 4.7120 Percent: General excise tax returns and payments are due by the twentieth of the month following accrual under HRS §237-30(a). The state rate is 4 percent, all four counties carry a 0.5 percent surcharge through December 31, 2030, and the maximum rate that may be passed on to a customer is 4.7120 percent. Put the general excise tax at the top of any restructuring waterfall, above every funder, because §237-41.5(b) reaches you personally and dissolution does not clear it. (Hawaii Department of Taxation)

What a Hawaii File Has to Contain Before Anyone Calls a Funder

In a state with a disclosure statute, a negotiation can open on a regulatory defect the funder would rather not have documented, and the first call has a spine before anybody says a number. Hawaii gives you none of that, so the file has to be assembled out of the transaction itself, and the assembly is genuinely most of the work. Pull every funding agreement and addendum, every security agreement and mortgage, a current UCC-1 search under the exact registered name of your entity, twelve months of bank statements showing each debit by funder and date, every reconciliation request you sent and the response or silence that followed, the payoff letters sent to any prior position, and the broker agreement with whatever was actually deducted before the money landed.

Then run the Hawaii questions against that pile in order. Whether any natural person’s principal dwelling secures a transaction under $250,000, which puts §478-4(a) and the §478-5 forfeiture back in play. Whether the funding agreement is a genuine purchase of receivables with real risk and an operating reconciliation obligation, or a loan wearing the vocabulary of a sale, because that threshold question governs everything downstream. Where each UCC-1 sits in priority under HRS chapter 490 article 9. Whether the sales conduct is documented well enough to plead a §480-2(e) count that survives the nature of competition element under Field. And whether anything left the company in the last four years that §651C-4 or §651C-5 would reach.

One honest concession belongs here, because it is the part a settlement company has an incentive to leave out. Where there is a single modest advance, cash available, no guaranty signed and a funder already returning calls, hiring anybody is usually the wrong answer, and a firm that enrolls you anyway is optimizing for its own file count rather than your outcome. The arithmetic changes with the third position, with a personal guaranty, with a recorded judgment or a filed foreign judgment, and with unremitted general excise tax, because those are the facts that turn a payment problem into a personal one and they are the facts a negotiation actually moves. If you are trying to work out where your file sits on that line, our guide to fighting a personal guaranty covers the exposure side in detail.

One of the three companies on this page does something structurally different from the other two. Delancey Street is a settlement company rather than a lender or a law firm, it works a business debt file from the first missed debit through a signed payoff, and attorneys in its network handle the filings when a Hawaii matter needs one. National Debt Relief and CuraDebt cover broader debt categories and are the better call for a different problem. Negotiated outcomes on stacked advances typically land somewhere in a 30 to 60 percent range depending on the age of the positions, whether a judgment already exists and whether a guaranty is signed, and nobody can responsibly quote you a number before reading the agreements.

Assemble These Before Any Call: Six documents decide a Hawaii negotiation: every funding agreement with its addenda, a current UCC-1 search under the registered entity name, twelve months of bank statements with each debit tagged by funder, the full reconciliation correspondence, the payoff letters sent to prior positions, and the broker agreement with the actual deductions from the wire. Bring the general excise tax filing status too, because it changes the order everything else gets paid in.

Who Should You Call? Our Top-Rated Business Debt Firms

One firm on this list works the entire lifecycle of a business debt file, from stopping the daily debits through attorney-led negotiation, UCC lien removal, and a signed release. The other two cover broader debt categories that often sit alongside the advances. Choose accordingly.

★ Our Top Pick
#1

Delancey Street

Attorney-Led MCA & Business Debt Settlement - $100M+ Resolved Nationwide

The only firm here that handles the full arc of a business debt file: attorney-led negotiation, ACH revocation, legal defense, UCC lien removal, and a settlement agreement with a real release attached. Over $100M settled, no upfront fees, all 50 states, settlements at 30-60% of the balance.

Best for: Business owners carrying one or more advances who want aggressive, attorney-led negotiation with no upfront cost
Total Settled: $100M+
Settlement Range: 30-60%
Attorney-Led: Yes
Upfront Fees: None
Talk to Delancey Street Today Free consultation. No upfront fees. Settlements at 30-60%. (888) 559-0156
Call Now
#2

National Debt Relief

Largest U.S. Debt Settlement Firm - A+ BBB Rating - 550,000+ Clients

Not an MCA specialist. National Debt Relief does not negotiate advances, challenge confessions of judgment, or fight UCC liens. For the ordinary unsecured business debt sitting next to your advances, their scale and track record make them a reasonable option on that side of the ledger.

Best for: General unsecured business debt over $7,500 (not MCA-specific settlement)
Clients Served: 550,000+
MCA Settlement: No
Every Week You Wait, The File Gets More Expensive Stop the ACH debits, get the UCC lien addressed, and settle at 30-60%. Over $100M settled. Free consultation.
(888) 559-0156
#3

CuraDebt

25+ Years in Business Debt & Tax Resolution - IAPDA Certified

Not an MCA specialist either. CuraDebt handles business debt alongside IRS and state tax resolution, so if unpaid payroll taxes have stacked up behind the advances, they can work that front while the MCA side is negotiated.

Best for: Combined business debt and tax resolution (not MCA-specific settlement)
Tax Resolution: Yes (IRS & State)
MCA Settlement: No

Frequently Asked Questions

Can a Hawaii funder get a judgment against my company without suing me first?
Not in a Hawaii court. There is no procedure in the Hawaii Revised Statutes for entering judgment on a warrant of attorney, HRS §§636-1 and 636-2 were repealed in 1972, and the only statutory ban on the device, HRS §476-15, sits in the consumer Credit Sales chapter whose definitions exclude business purpose transactions. What a funder can do is take a confessed judgment in a state that allows it and file an exemplified copy here under HRS §636C-3, which gives it the same effect as a Hawaii judgment. It also gives you the same vacatur and stay procedures, and §636C-5 is the section to read the day the clerk’s notice arrives.
Is there any cap on what a business advance can cost in Hawaii?
For an ordinary commercial deal, no. HRS §478-4(c) provides that with respect to any transaction other than a consumer credit transaction, a home business loan, or a credit card agreement, it is lawful to stipulate by written contract for any rate of interest not otherwise prohibited by law. The 12 percent and 24 percent figures in §478-4(a) reach only the two categories subsection (c) excludes. There is also a threshold question underneath the rate, because a funder will argue the agreement purchased receivables rather than lent money, and that argument is won or lost on whether the reconciliation obligation actually operated.
My house secures the business loan. Does that change the interest rate analysis?
It can change it completely. HRS §478-1 defines a home business loan as a credit transaction where the principal does not exceed $250,000, which is not consumer credit, and which is secured by a mortgage of the principal dwelling of any natural person named as a mortgagor. A transaction meeting that description falls back under the 12 percent ceiling in HRS §478-4(a). If a greater rate was directly or indirectly contracted for, §478-5 says the creditor shall recover only principal, the debtor recovers costs, and any interest already paid is deducted from the principal. Have counsel read the mortgage and the principal amount before you rely on any of it.
Can my Hawaii LLC sue a funder under the state unfair practices law?
Yes, but only under one prong. HRS §480-2(d) limits actions based on unfair or deceptive acts or practices to a consumer, the attorney general, and the director of the office of consumer protection, and §480-1 defines consumer as a natural person acting for personal, family or household purposes. HRS §480-2(e) then allows any person to sue for unfair methods of competition, and §480-1 includes limited liability companies in the definition of person. The recovery under §480-13(a)(1) is not less than $1,000 or treble damages, whichever is greater, plus attorney’s fees and costs. The cost of entry is showing the nature of the competition under Field v. NCAA, 143 Hawai‘i 362 (2018).
How much warning do I get before my business account is frozen in Hawaii?
Before judgment, four days. HRS §652-1.5(a)(4) requires the application, affidavit and notice of hearing to be served on you at least four days before the hearing, and §652-1.5(d) limits that hearing to probable validity of the claim and whether the property is exempt. Section 652-1.5(e) permits the process to issue with no hearing at all where a creditor swears you are about to leave the State, are hiding, are removing property, or have disposed of assets to hinder creditors. Once the summons is served, §652-2.6(b) makes it effective from the moment it reaches the garnishee’s office, so nothing sits in a queue.
How long does a Hawaii judgment against my business stay alive?
Ten years, extendable once, and never past twenty. HRS §657-5 presumes every judgment of a Hawaii court paid and discharged at the expiration of ten years, permits an extension only if it is sought within those ten years, and forbids a court from extending any judgment beyond twenty years from the original date. During that life the judgment is a lien on your real property statewide once a certified copy is recorded in the Bureau of Conveyances under §636-3, and it accrues interest at 10 percent a year under §478-3, which HRS §478-8 exempts nothing from.
Does Hawaii require my funder to disclose an APR or register with anybody?
No. As of August 2026 the Hawaii Revised Statutes contain no commercial financing disclosure chapter, no loan broker act and no credit services organization statute, and the Title 26 chapter run from 476 through 489X contains nothing on small business financing. The Money Transmitters Modernization Act reaches selling payment instruments, issuing stored value and receiving money for transmission under HRS §489D-4, which does not describe a receivables purchase. Chapter 480D on collection practices is limited by §480D-1 and §480D-2 to consumer debts owed by natural persons for personal, family or household purposes, so it does not reach collection of a business advance.
I fell behind on general excise tax paying the daily debits. How serious is that?
More serious than falling behind with a funder, because it stops being the company’s problem. HRS §237-41.5(a) treats the tax collected, or an imputed amount equal to gross income multiplied by the rate where you never separately stated it, as held in trust for the State. Subsection (b) imposes personal liability on any officer, member, manager or other person with control over those amounts or responsibility for filing and payment who wilfully fails to pay, with wilfulness read the way it is read under the Internal Revenue Code. Subsection (e) confirms that dissolving the entity does not discharge it. Raise it with counsel before it is discovered in an audit.

Find Out Which Hawaii Prong Your File Actually Fits

Send the funding agreements, any mortgage naming a residence, a UCC-1 search, and a year of statements. You get back whether §478-1 makes it a home business loan, whether a §480-2(e) count is live, and what the stack settles at. Nothing is owed for that read, and nothing later unless a funder signs for less.

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