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Terms Used In Hawaii Revised Statutes 501-158

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • filing: means to accept, maintain, and preserve all instruments required to be filed. See Hawaii Revised Statutes 501-20
  • recording: means to make an entire literal copy of all instruments required to be recorded. See Hawaii Revised Statutes 501-20
  • State: means the State of Hawaii. See Hawaii Revised Statutes 501-20
  • Trustee: A person or institution holding and administering property in trust.

Whenever a petition in bankruptcy which contains or has indorsed upon it a reference to the number of the certificate of title of the land affected is filed or recorded within the State by or against the owner of registered land, the assistant registrar of the land court shall note the fact by the entry of an appropriate memorandum on the owner’s certificate in the registration book. Thereafter, except where the owner’s interest in the land cannot be affected by the bankruptcy proceedings, no conveyance by the owner respecting the registered land shall be accepted for registration unless the conveyance recites that it is made subject to the rights of the trustee in bankruptcy. A trustee in bankruptcy is entitled to the entry of a new certificate for the registered land upon presenting and filing or recording a certified copy of either the petition in bankruptcy (the schedules may be omitted), or the decree of adjudication of bankruptcy, or the order approving the trustee’s bond; provided that the instrument contains or has indorsed upon it a reference to the number of the certificate of title of the land affected. The new certificate shall state that it is entered to the trustee in bankruptcy.