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Nebraska Bankruptcy Laws

Nebraska does NOT allow debtors to use federal bankruptcy exemptions — only state exemptions apply. The homestead exemption is $120,000 (increased from $60,000 by LB1195 in 2024), with acreage limits of 2 lots in a city/village, 160 acres elsewhere. The wildcard exemption is $5,000 for any personal property. The vehicle exemption is functionally up to $5,000 (motor vehicle) plus the wildcard. Household goods are exempt up to $3,000. Tools of the trade up to $5,000.

Last verified: 2026-02-25

Filing Requirements

Filing Fee$338 (Chapter 7); $313 (Chapter 13)

Standard federal filing fees. Nebraska has one bankruptcy district (District of Nebraska) with courthouses in Lincoln and Omaha.

Credit Counseling

Pre-filing credit counseling and pre-discharge debtor education required under federal law. Means test compares income to Nebraska median.

Key Nebraska Statutes

Homestead ExemptionNeb. Rev. Stat. § 40-101

The homestead is exempt up to $120,000 in equity (increased from $60,000 by LB1195, effective 2024). Acreage limits: two or fewer lots within a city or village, 160 acres outside a city or village. If the home is sold, the first $120,000 in proceeds is exempt for up to 6 months after the sale.

Wildcard ExemptionNeb. Rev. Stat. § 25-1552

Each natural person residing in Nebraska may exempt up to $5,000 in personal property (except wages) from forced sale on execution. This wildcard can be applied to any type of personal property, including vehicles, bank accounts, or other assets not otherwise exempt.

Personal Property / Household GoodsNeb. Rev. Stat. § 25-1556

Exempt: immediate personal possessions and all necessary wearing apparel; household furnishings, goods, computers, appliances, books, and musical instruments up to $3,000; implements, tools, and professional books/supplies for trade or business up to $5,000.

Vehicle ExemptionNeb. Rev. Stat. § 25-1556; § 25-1552

There is no standalone vehicle exemption statute in Nebraska. Vehicle equity can be protected using the tools-of-trade exemption ($2,400 for a vehicle used for work or commuting) and/or the $5,000 wildcard exemption under § 25-1552.

Federal Exemptions NOT AvailableNeb. Rev. Stat. § 25-15,105

Nebraska has opted out of the federal bankruptcy exemptions under 11 U.S.C. § 522(d). Debtors filing in Nebraska must use Nebraska's state exemptions exclusively.

Retirement AccountsNeb. Rev. Stat. § 25-1563.01

ERISA-qualified plans (401(k), 403(b), pensions), IRAs, and similar tax-qualified retirement accounts are exempt from execution and attachment.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Nebraska Revised Statutes — Homestead Exemption. For advice about your specific situation, consult a licensed attorney.

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