Nebraska Bankruptcy Exemptions

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This list of exemptions updated January 2009. All law references are to Revised Statutes of Nebraska unless otherwise noted. Federal bankruptcy exemptions are not available in Nebraska.


Homestead

40-101 - For head of household or married debtor, $60,000, but cannot exceed 2 lots in a city or 160 acres elsewhere. Sale proceeds are exempt for 6 months (40-113). May record homestead declaration (40-105)


Personal Property

8-1 - Health and medical savings accounts up to $25,000.

12-511 - Perpetual care funds.

12-517 - Burial plot.

12-605 - Tombs, crypts, lots, niches, and vaults.

25-1552 - $2,500 of any property except wages, in lieu of homestead.

25-1556 - Health aids; personal possessions; clothing; furniture, household electronics, personal computers, musical instruments, appliances, and books up to $1,500.

25-1563.02 - Recovery for personal injuries.


Wages

25-1558 - For head of family, minimum 85% of earned but unpaid weekly earnings or pension payments. For all others, the greater of the following: 30 times the federal minimum hourly wage or 75% of earned but unpaid earnings. Judge may approve more for low income debtor.


Pensions

11 U.S.C. § 522 - Tax exempt retirement funds; Traditional and Roth IRAs up to $1,095,000 per person.

23-2322 - County employees.

25-1559 - Military disability benefits.

25-1563.01 - ERISA-qualified benefits needed for support including IRAs and Roth IRAs.

48-1401 - Public employees' deffered compensation.

79-948 - School employees.

84-1324 - State employees.


Public Benefits

48-149 - Workers' compensation.

48-647 - Unemployment compensation.

68-148 - General assistance to the poor.

68-1013 - Aid to blind, aged, and disabled; public assistance.


Tools of Trade

25-1556 - Tools or equipment up to $2,400. (Subject to doubling) (Can include motor vehicle used for work or to commute to and from workplace.)


Insurance

44-371 - Life insurance or annuity contract proceeds up to $100,000 loan value.

44-1089 - Fraternal benefit society benefits up to loan value of $100,000 unless the beneficiary was convicted of a crime related to the benefits.


Other - Add any applicable Federal Nonbankruptcy Exemptions