Most people want to know whether they can keep valuable property before filing for bankruptcy—especially a home. If you qualify to use the Nebraska homestead exemption, you can protect some or all of the equity in your house. In this article, we explain:
For more bankruptcy information, read Filing for Bankruptcy in Nebraska. Not only will you find answers, but it includes helpful checklists and a link to an interactive bankruptcy quiz.
In Nebraska, you'll use Nebraska's state exemptions—the federal bankruptcy exemptions aren't available (some states allow residents to choose between the two sets). However, you can supplement Nebraska's state exemptions with the federal nonbankruptcy exemptions.
To help you make an informed choice, we've listed the homestead exemption amount below. We've also included links to the federal and state exemption lists that apply in your case, so you'll have an easier time deciding whether bankruptcy will work for you.
If you're married, remember that spouses can double some exemption amounts, but not all. Find out about other filing considerations for spouses.
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Nebraska Homestead Exemption |
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Homestead Exemption Amount |
$60,000 |
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Can spouses who file a joint bankruptcy double the exemption? |
Yes |
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Homestead Exemption Law |
Nebraska Rev. Stat. §§ 40-101, 40-118 |
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Other Information |
Must be head of household, married, or over 65; covers up to 160 acres; sales proceeds protected for six months; amount subject to change. |
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Where to find other exemptions. |
Nebraska Bankruptcy Exemptions |
In Nebraska, the homestead exemption applies to real property, including your home, condominium, or mobile home, as well as any appurtenances and the land on which the property is situated, within the acreage and lot limits described above. The homestead exemption also applies to home sale proceeds for up to six months after the sale of your home. Spouses cannot double this exemption.
The Nebraska homestead exemption is available only to married couples, unmarried people who can claim head of household, or unmarried people over 65. If you are single, not the head of a household, and younger than 65, you cannot use the Nebraska homestead exemption.
You can file for bankruptcy in Nebraska after living there for more than 180 days. However, you must live in Nebraska much longer before using Nebraska exemptions—at least 730 days before filing, to be exact. Otherwise, you'd use the previous state's exemptions.
But suppose you lived in multiple states during the two years before filing for bankruptcy. In that case, you'd use the exemptions of the state you lived in for most of the 180 days before the two-year period that immediately preceded your filing. (11 U.S.C. § 522(b)(3)(A).) Learn more about filing for bankruptcy after moving to a new state.
Learn more about this requirement, the current amount of the federal cap, and other important exceptions to homestead exemptions.
In Nebraska, the homestead exemption is automatic—you don't have to file a homestead declaration with the recorder's office to claim the homestead exemption in bankruptcy (but you can if you wish). Instead, when filing for bankruptcy, you'll list your homestead exemption on Schedule C: The Property You Claim as Exempt when completing your bankruptcy forms. You can find out about other requirements you'll need to meet in Your Home in Chapter 7 or Your Home in Chapter 13.
You'll find Nebraska's homestead exemption in the Nebraska Rev. Stat. §§ 40-101, 40-118 on the Nebraska Legislature website. Still, the best way to protect your assets is by consulting with a local bankruptcy lawyer.
Did you know Nolo has been making the law easy for over fifty years? It's true—and we want to make sure you find what you need. Below you'll find more articles explaining how bankruptcy works. And don't forget that our bankruptcy homepage is the best place to start if you have other questions!
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We wholeheartedly encourage research and learning, but online articles can't address all bankruptcy issues or the facts of your case. The best way to protect your assets in bankruptcy is by hiring a local bankruptcy lawyer.
Updated April 23, 2022