Partial list of Nebraska Exemptions:Please Note: The following list and attached comments are meant solely to help my clients understand this process a little better. Do not file a pro-se case (file it on your own without help of an attorney) by relying on the information below. Because bankruptcy is a complicated area of the law, and constantly changing, I never recommenced filing a case on your own. Consult an attorney. All Nebraska Statutes can be found here: uniweb.legislature.ne.gov/legaldocs/search.php
§44-371 Annuity contract; insurance proceeds and benefits; exempt from claims of creditors Partial Text: ".......all proceeds, cash values, and benefits accruing under any annuity contract, under any policy or certificate of life insurance payable upon the death of the insured other than the estate of the insured to a beneficiary other than the estate of the insured,, or under any accident or health insurance policy shall be exempt......" Comment: Its fairly self explanatory but I can see where it would get tricky....consult your attorney if any doubts. §12-517 (Burial) Lots; use; exemption from taxation and other claims Text: "Burial lots sold by such association shall be for the sole purpose of interments, shall be subject to the rules prescribed by the association, and shall be exempt from taxation, execution, attachment, or any other claim, lien or process whatever, if used exclusively for burial purposes and in nowise with a view to profit. Comment: One of the older, if not oldest, exemptions... a form of this law goes back to 1866. Nebraska didn't receive statehood until 1867! I always think of the final scene in the movie "Amadeus" when I need to claim this exemption for a client! §25-1556(4) Specific exemptions; personal property; selection by debtor Partial text: "No property hereinafter mentioned shall be liable to attachment, execution, or sale on any final process issued from any court in this state, against any person being a resident of this state: (1) The immediate personal possessions of the debtor and his or her family; (2) all necessary wearing apparel of the debtor and his or her family; (3) the debtor's interest, not to exceed an aggregate fair market value of one thousand five hundred dollars, in household furnishings, household goods, household computers, household appliances, books, or musical instruments which are held primarily for personal, family, or household use of such debtor or the dependents of such debtor; (4) the debtor's interest, not to exceed an aggregate fair market value of two thousand four hundred dollars, in implements, tools, or professional books or supplies held for use in the principal trade or business of such debtor or his or her family, which may include one motor vehicle used by the debtor in connection with his or her principal trade or business or to commute to and from his or her principal place of trade or business; and (5) the debtor's interest in any professionally prescribed health aids for such debtor or the dependents of such debtor. The specific exemptions in this section shall be selected by the debtor or his or her agent, clerk, or legal representative in the manner provided in section 25-1552 Comment: This statute is comprised of 5 main parts and is probably the "most used" exemption because it covers a lot of things. (1) Covers things like wedding rings, some personal effects, family items, bibles, etc. The amount is theoretically unlimited. (2) covers your clothes (3) covers $1,500 of household furnishings (4) $2,400 of tools of your trade which can include a vehicle as long as you use it to go to and from work (5) would cover wheelchairs, hearing aids, breathing machines, etc. It's important to note hat it's quite rare that the value of people's household assets exceed the amounts listed above. In the event they do you can use your "wildcard" exemption. When in doubt ask your attorney! §40-101 Homestead, defined; exempted A homestead not exceeding sixty thousand dollars in value shall consist of the dwelling house in which the claimant resides, its appurtenances, and the land on which the same is situated, not exceeding one hundred and sixty acres of land, to be selected by the owner, and not in any incorporated city or village, or, at the option of the claimant, a quantity of contiguous land not exceeding two lots within any incorporated city or village, and shall be exempt from judgment liens and from execution or forced sale, except as provided in sections 40-101 to 40-116
Comment: The amount used to be only $12,500. Simply put: Your home is exempt up to $60,000 equity. The bigger question: What constitutes a homestead? It can get VERY tricky. Consult an attorney! §25-1552 Personal property except wages; debtors; claim of exemption; procedure Each natural person residing in this state shall have exempt from forced sale on execution the sum of two thousand five hundred dollars in personal property, except wages. The provisions of this section do not apply to the exemption of wages, that subject being fully provided for by section 25-1558. In proceedings involving a writ of execution, the exemption from execution under this section shall be claimed in the manner provided by section 25-1516. The debtor desiring to claim an exemption from execution under this section shall, at the time the request for hearing is filed, file a list of the whole of the property owned by the debtor and an indication of the items of property which he or she claims to be exempt from execution pursuant to this section and section 25-1556, along with a value for each item listed. The debtor or his or her authorized agent may select from the list an amount of property not exceeding the value exempt from execution under this section according to the debtor's valuation or the court's valuation if the debtor's valuation is challenged by a creditor. Comment: Use for anything you want except real estate; $2500 per person; $5,000 for a married couple. Also known as the "wildcard exemption". §25-1563.01 Stock, pension, or similar plan or contract; exempt from certain process; when.
In bankruptcy and in the collection of a money judgment, the following benefits shall be exempt from attachment, garnishment, or other legal or equitable process and from all claims of creditors: To the extent reasonably necessary for the support of the debtor and any dependent of the debtor, an interest held under a stock bonus, pension, profit-sharing, or similar plan or contract payable on account of illness, disability, death, age, or length of service unless: (1) Within two years prior to bankruptcy or to entry against the individual of a money judgment which thereafter becomes final, such plan or contract was established or was amended to increase contributions by or under the auspices of the individual or of an insider that employed the individual at the time the individual's rights under such plan or contract arose; or (2) Such plan or contract does not qualify under section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code. For purposes of this section, unless the context otherwise requires, insider shall have the meaning provided in 11 U.S.C. 101. Comment: Pensions, IRS's, 401(k), ERISA qualified accounts and the like. They're exempt. For all intents and purposes unlimited.....however see: Individual Retirement Accounts are generally protected from attachment and garnishment to the extent the funds contained therein are reasonably necessary for the support of the debtor or any dependent of the debtor. Novak v. Novak, 245 Neb. 366, 513 N.W.2d 303 (1994). Consult an attorney if confused.
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