Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 651C
Hawaii Revised Statutes

Haw. Rev. Stat. § 651C-5 (2026)

] Transfers fraudulent as to present creditors

✓ current as of July 2026
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     [§651C-5]  Transfers fraudulent as to present creditors.  (a)  A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor becomes insolvent as a result of the transfer or obligation.

     (b)  A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for other than a present, reasonably equivalent value, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent. [L 1985, c 216, pt of §1]

 

Case Notes

 

  Plaintiffs pled facts with sufficient particularity to support a cause of action for fraudulent conveyance under subsection (a) and §651C-4(a)(1) and (a)(2)(B).  529 F. Supp. 2d 1190 (2007).

  Where partner was not a "creditor" as defined under §651C-1, other partner was not entitled to relief under this chapter.  92 H. 243, 990 P.2d 713 (1999).

 

 

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2015–2021 · leading case: Schmidt v. HSC, Inc., 358 P.3d 727 (Haw. App. 2015).
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Schmidt v. HSC, Inc., 358 P.3d 727 (Haw. App. 2015). “04 (West 1970), is similar, but not identical, to HRS § 651C-5(a), which was not relied upon by the Schmidts in pleading their fraudulent transfers claims.”
Rolloffs Hawaii, LLC - Adversary Proceeding (Bankr. D. Haw. 2019). · cites it 2× “Haw. Rev. Stat. § 651C-5 creates two additional constructive 11 Counts II, III, V, VI, VIII, IX, XII, XIII, XIV, XVI, XIX, XX, XXI, XXIII, XXVI, XXVII, XXVIII, XXX, XXXIII, XXXIV, XXXV, XXXVII, XL, XLI, XLII, XLIV, XLVII, XLVIII, XLIX, LI, and LII.”
Rolloffs Hawaii, LLC - Adversary Proceeding (Bankr. D. Haw. 2021). “§ 651C-4(a)(2) and FDCPA section 32 3304(b)(1)(B) (Count 23), and under Haw. Rev. Stat. § 651C-5(a) and FDCPA section 3304(a)(1) (Count 24).”
Rich Sea Corp. v. Lam (Bankr. D. Haw. 2019). “Counts IX and X deal with fraudulent transfers under Hawaii’s version of the Uniform Fraudulent Transfers Act (“HUFTA”).”
— Haw. Rev. Stat. § 651C-5(a) — 2 cases
Schmidt v. HSC, Inc., 358 P.3d 727 (Haw. App. 2015). “04 (West 1970), is similar, but not identical, to HRS § 651C-5(a), which was not relied upon by the Schmidts in pleading their fraudulent transfers claims.”
Rolloffs Hawaii, LLC - Adversary Proceeding (Bankr. D. Haw. 2021). “§ 651C-4(a)(2) and FDCPA section 32 3304(b)(1)(B) (Count 23), and under Haw. Rev. Stat. § 651C-5(a) and FDCPA section 3304(a)(1) (Count 24).”
— Haw. Rev. Stat. § 651C-5(b) — 1 case
Rolloffs Hawaii, LLC - Adversary Proceeding (Bankr. D. Haw. 2019). “Haw. Rev. Stat. § 651C-5 creates two additional constructive 11 Counts II, III, V, VI, VIII, IX, XII, XIII, XIV, XVI, XIX, XX, XXI, XXIII, XXVI, XXVII, XXVIII, XXX, XXXIII, XXXIV, XXXV, XXXVII, XL, XLI, XLII, XLIV, XLVII, XLVIII, XLIX, LI, and LII.”
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