Hawaii Revised Statutes

Haw. Rev. Stat. § 651C-3 (2026)

] Value

✓ current as of July 2026
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     [§651C-3]  Value.  (a)  Value is given for a transfer or an obligation if in exchange for the transfer or obligation property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.

     (b)  For the purposes of section 651C-4(a)(2) and section 651C-5, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.

     (c)  A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous. [L 1985, c 216, pt of §1]

 

 

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2015–2021 · leading case: Schmidt v. HSC, Inc., 358 P.3d 727 (Haw. App. 2015).
Schmidt v. HSC, Inc., 358 P.3d 727 (Haw. App. 2015). · cites it 2× “above, the Circuit Court clearly misapprehended this factor and erred when, instead of finding no consideration of reasonably equivalent value, it referenced bona fide obligations and legitimate business purposes.”
Rolloffs Hawaii, LLC - Adversary Proceeding (Bankr. D. Haw. 2021). “Haw. Rev. Stat. §651C-3(b) and 28 U.S.C. §3303 (b) provide an example, but it is not applicable to this case.”
Haw. Rev. Stat. § 651C-3(a): 1 case
Schmidt v. HSC, Inc., 358 P.3d 727 (Haw. App. 2015). “above, the Circuit Court clearly misapprehended this factor and erred when, instead of finding no consideration of reasonably equivalent value, it referenced bona fide obligations and legitimate business purposes.”
Haw. Rev. Stat. § 651C-3(b): 1 case
Rolloffs Hawaii, LLC - Adversary Proceeding (Bankr. D. Haw. 2021). “Haw. Rev. Stat. §651C-3(b) and 28 U.S.C. §3303 (b) provide an example, but it is not applicable to this case.”
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