Nebraska State Exemption List

Only State Exemptions Allowed

In the state of Nebraska, you are not able to use the federal exemption list and you must choose the Nebraska state Exemption list. There may certain federal supplemental exemptions that you can choose. There also may be certain residency requirements you must meet to use the Nebraska state exemption list. It is important to discuss all exemptions with a Nebraska Bankruptcy Attorney.

The state of Nebraska has created their list of exemptions to allow individuals who are filing bankruptcy in Nebraska to maintain enough personal property, pensions, wages, homestead exemptions and public benefits that they may be able to get a fresh start after bankruptcy.

The following table will outline the Nebraska State Exemptions. Many of your assets may not have a matching exemption.

Exemptions Exemption Amount Statutes
Homestead

$12,500; cannot exceed 2 lots in city or village, 160 acres elsewhere; sale proceeds exempt 6 months after sale

May record homestead declaration

40-101, 40-111, 40-113

40-105
Wages Minimum 85% of earned but unpaid wages or pension payments for head of family; 75% for all others; bankruptcy judge may authorize more for low-income debtors 25-1558
Wild Card $2500 of any personal property, except wages, in lieu of homestead 25-1552
Tools of Trade

Equipment or tools to $1500

Husband and wife may double

25-1556

In re Keller, 5 0 B.R. 23

(D.Neb. 1985)
Public Benefits

Aid to disabled, blind, aged, AFDC

Unemployment compensation

Workers’ compensation
68-1013
48-647
48-149
Insurance

Fraternal benefit society benefits to $10,000 loan value

Life insurance or annuity contract proceeds to $10,000 loan value
44-1089
44-371
Personal Property

Burial plot

Clothing needed

Crypts, lots, tombs, niches, vaults

Food and fuel to last 6 months

Furniture & kitchen utensils to $1500

Perpetual care funds

Personal injury recoveries

Personal possessions
12-517
25-1556
12-605
25-1556
25-1556
12-511
25-1563.02
25-1556
Miscellaneous Property of business partnership 67-325
Pensions

County employees

ERISA-qualified benefits needed for support

Military disability benefits to $2000

School employees

State employees
23-2322
25-1563.01
25-1559
79-1060, 79-1552
84-1324
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