Nebraska is an opt-out state, which means most bankruptcy filers in Nebraska use **Nebraska**-specific exemptions, though certain federal protections (e.g., Social Security, ERISA retirement, etc.) still apply. Below is an overview of **Nebraska** exemptions with references to the **Nebraska Revised Statutes**. Always confirm the latest amounts and interpretations with a licensed Nebraska bankruptcy attorney or the official code.
Asset / Type of Property | Exemption Description | Statute / Code | Notes |
---|---|---|---|
Homestead | Up to \$12,500 equity. Cannot exceed 2 lots in a city/village or 160 acres elsewhere. Sale proceeds exempt for 6 months. May record a homestead declaration. | Neb. Rev. Stat. §§ 40-101, 40-111, 40-113; 40-105 | Joint owners generally cannot double this exemption. |
Fraternal Benefit Society Benefits (to \$10,000 Loan Value) | Up to **\$10,000** in loan value from a fraternal policy is exempt. | Neb. Rev. Stat. § 44-1089 | |
Life Insurance / Annuity Contract (to \$10,000 Loan Value) | Exempt if policy’s loan value does not exceed \$10,000. | Neb. Rev. Stat. § 44-371 | |
Property of Business Partnership | Exempt from partner’s individual creditors. | Neb. Rev. Stat. § 67-325 | |
County Employees | Pension/retirement benefits exempt. | Neb. Rev. Stat. § 23-2322 | |
ERISA-Qualified Benefits (Needed for Support) | Exempt if currently receiving payments needed for support. | Neb. Rev. Stat. § 25-1563.01 | |
Military Disability Benefits to \$2,000 | Up to **\$2,000** exempt in disability benefits from military. | Neb. Rev. Stat. § 25-1559 | |
School Employees | Exempt retirement benefits for public school employees. | Neb. Rev. Stat. §§ 79-1060, 79-1552 | |
State Employees | Exempt retirement benefits for state employees. | Neb. Rev. Stat. § 84-1324 | |
Burial Plot | Fully exempt. | Neb. Rev. Stat. § 12-517 | |
Clothing Needed | Exempt necessary clothing items. | Neb. Rev. Stat. § 25-1556 | |
Crypts, Lots, Tombs, Niches, Vaults | Fully exempt. | Neb. Rev. Stat. § 12-605 | |
Food & Fuel (6 months’ supply) | Fully exempt for sustenance. | Neb. Rev. Stat. § 25-1556 | |
Furniture & Kitchen Utensils to \$1,500 | Household goods limit for essentials. | Neb. Rev. Stat. § 25-1556 | |
Perpetual Care Funds | Cemetery trusts or perpetual care accounts. | Neb. Rev. Stat. § 12-511 | |
Personal Injury Recoveries | Exempt from claims; see code specifics. | Neb. Rev. Stat. § 25-1563.02 | |
Personal Possessions | Clothing, family pictures, some personal mementos, etc. | Neb. Rev. Stat. § 25-1556 | |
Aid to Disabled, Blind, Aged, AFDC | Fully exempt. | Neb. Rev. Stat. § 68-1013 | |
Unemployment Compensation | Fully exempt. | Neb. Rev. Stat. § 48-647 | |
Workers’ Compensation | Fully exempt. | Neb. Rev. Stat. § 48-149 | |
Equipment or Tools to \$1,500 | Total limit for implements, tools, or apparatus used in a trade. | Neb. Rev. Stat. § 25-1556 | Husband & wife may double (In re Keller). |
Wages | Minimum 85% of earned but unpaid wages (75% if not head of family), or more if low income. Pension payments often included. Some references to older statutes. | Neb. Rev. Stat. § 25-1558 | |
Wildcard | \$2,500 of any **personal property** (not wages) in lieu of homestead. | Neb. Rev. Stat. § 25-1552 | Cannot be used alongside the homestead exemption—it's “in lieu of.” |
This overview is for general educational purposes only and is not legal advice. Nebraska’s exemption laws may be updated or interpreted differently by courts. Always consult a licensed Nebraska bankruptcy attorney or the official Nebraska Revised Statutes for the most accurate, up-to-date amounts and applicability to your case.