§478-1 Definitions. As used in this
chapter and unless a different meaning appears from the context:
"Annual percentage rate" shall have
the meaning given the term in the Truth in Lending Act.
"Consumer credit" means credit
extended to a natural person primarily for a personal, family, or household
purpose:
(1) In which the principal amount does not exceed
$250,000 or in which there is an express written commitment to extend credit in
a principal amount not exceeding $250,000; or
(2) Such credit is secured by real property or by
personal property used or expected to be used as the borrower's principal
dwelling.
"Credit" means the right to defer
payment of debt or to incur debt and defer its payment.
"Credit card" means any card, plate,
coupon book, or other single credit device issued with or without fee by an
issuer for the use of the cardholder in obtaining money, goods, services, or
anything else of value, from time to time, on credit.
"Credit card agreement" means any
agreement that provides primarily for the extension of credit pursuant to the
cardholder's use of a credit card. Neither an agreement providing for an
overdraft line of credit nor an agreement for a line of credit secured by
equity in real property becomes a credit card agreement for the purposes of
this chapter because a cardholder can access it through the use of a credit
card.
"Finance charge" has the same meaning
given such term by the Truth in Lending Act.
"Home business loan" means a credit
transaction (1) in which the principal amount does not exceed $250,000 or in
which there is an express written commitment to extend credit in a principal
amount not exceeding $250,000; (2) which is not a consumer credit transaction;
and (3) which is 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.
"Real property" includes stock in a
cooperative housing corporation and personal property used or intended to be
used as a consumer's residence.
"Truth in Lending Act" means the
federal Truth in Lending Act (15 U.S.C. 1601, et seq.), Regulation Z of the
Board of Governors of the Federal Reserve System, and the Official Staff
Commentary to Regulation Z prepared by the staff of the Federal Reserve Board,
and amendments of the Act, Regulation Z, and such Commentary. [L 1986, c 137,
pt of §1; am L 1989, c 269, §1]
Notes of Decisions
Cited in
11
cases, 1973–2020 · leading case:
Gadd v. Kelley, 667 P.2d 251 (Haw. 1983).
Gadd v. Kelley, 667 P.2d 251 (Haw. 1983).
· cites it 8× “Petitioners next claim pre-judgment interest under HRS § 478-1 (1976) which provides: Legal rate; computation.”
Arbitration Between Kalawaia v. AIG Hawai'i Ins. Co., 977 P.2d 175 (Haw. 1999).
· cites it 2× “” Because the lease was a writing, and the rental payments were due on a fixed date, the lessor was entitled to a mandatory award of interest. Insofar as the arbitrator’s lack of reliance upon the statute would amount to a mistake of law, which is not specifically enumerated as…”
Rodrigues v. Chan, 705 P.2d 67 (Haw. App. 1985).
· cites it 8× “HRS § 478-1(1) Initially, Landlords claim that they were entitled to prejudgment interest for “delinquent rentals” as a matter of right under HRS § 478-1(1) (1976 and Supp.”
Matter of Est. of Dwight, 681 P.2d 563 (Haw. 1984).
· cites it 2× “See HRS § 478-1 (1976). We hold that the expenditures totalling $9,320 for marquee, flashing, re-roofing and re-inforcing repairs, and for the cost of a structural inspection during the tenancy of the Salvation Army were reasonable under the circumstances.”
Hawaiian Land Co. v. Kamaka, 547 P.2d 581 (Haw. 1976).
· cites it 4× “the legal rate of 6% per annum provided in HRS § 478-1, upon money had and received generally; or d.”
Towey v. Catling, 743 F. Supp. 738 (D. Haw. 1990).
· cites it 2× “Catling acknowledges that prejudgment interest may be awarded by this court in its discretion pursuant to Haw.Rev.Stat. § 478-1, but argues that the court should decline to award interest on the portion of the special damages that his no-fault insurer has already paid.”
In re Mortg. Store, 509 B.R. 292 (Bankr. D. Haw. 2014).
“§ 478-1. . Id. at 14. . 11 U.S.C. § 704 (5).”
Michely v. Honolulu, Ltd., 567 P.2d 824 (Haw. 1977).
“Pursuant to Hawaii Revised Statutes §478-1 that Plaintiff is entitled to interest on the judgment from July 1, 1972 to date of judgment.”
Ruppersberger v. Ramos (D. Haw. 2020).
· cites it 2× “Haw. Rev. Stat. § 478-1 . Although Defendant does not make an argument to this effect, the transaction at issue appears to qualify as a consumer credit transaction under the Hawai`i statute, and the Court therefore does not award compound interest.”
— Haw. Rev. Stat. § 478-1(1) — 3 cases
Gadd v. Kelley, 667 P.2d 251 (Haw. 1983).
“Petitioners next claim pre-judgment interest under HRS § 478-1 (1976) which provides: Legal rate; computation.”
Rodrigues v. Chan, 705 P.2d 67 (Haw. App. 1985).
“HRS § 478-1(1) Initially, Landlords claim that they were entitled to prejudgment interest for “delinquent rentals” as a matter of right under HRS § 478-1(1) (1976 and Supp.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.