Nebraska Bankruptcy Exemptions — What You Keep
What property you can protect when filing for bankruptcy in Nebraska — homestead, personal property, vehicle, wage, and retirement exemptions.
Nebraska's exemption system
Nebraska requires use of state exemptions only — federal bankruptcy exemptions under §11 U.S.C. § 522(d) are not available. This means the specific Nebraska exemption amounts below control what you can protect.
Key Nebraska exemptions
Homestead
$120,000 in equity. Applies to homestead occupied as a principal residence. 160 acres outside city limits. This protects equity in your primary residence — if your home equity is within this limit, you keep the house in bankruptcy.
Personal property §25-1556
$3,000 aggregate in household goods, wearing apparel (adjusted periodically). This covers household goods, furnishings, clothing, and everyday personal items.
Vehicle §25-1556
included in personal property exemption. This protects equity in your car — meaning the value of the vehicle minus what you owe on it.
Wages §25-1558
85% of disposable earnings for head of family (75% for others), or amount exceeding 30× minimum wage. This applies to wages already earned but not yet paid at the time of filing.
Retirement accounts §84-1324
State employee retirement annuities and benefits are exempt from garnishment, attachment, levy, and the operation of bankruptcy or insolvency laws under § 84-1324, and are not assignable except to the extent subject to a qualified domestic relations order under the Spousal Pension Rights Act. Retirement accounts receive strong protection in bankruptcy — both under state law and federal law §29 U.S.C. § 1056 (ERISA).
Tools of trade §25-1556
$2,400 in tools, equipment, and stock in trade. This protects the equipment you need to earn a living.
Nebraska exemption comparison
| Homestead | Personal property | Wildcard | |
|---|---|---|---|
| What it protects | Equity in your primary residence §11 U.S.C. § 522 | Household goods, furnishings, clothing §11 U.S.C. § 522 | Any property not covered by other exemptions §11 U.S.C. § 522 |
| Nebraska limit | $120,000 in equity | $3,000 aggregate in household goods, wearing apparel (adjusted periodically) §25-1556 | Not available |
| Key limitation | Primary residence only — not investment property §11 U.S.C. § 522 | Individual item and aggregate caps may apply §11 U.S.C. § 522 | Total cap across all wildcard-claimed property §11 U.S.C. § 522 |
| Strategic value | Can be the largest exemption | Protects everyday necessities | Fills gaps left by specific exemptions |
How exemptions affect chapter choice
- In Chapter 7, non-exempt property can be liquidated by the trustee. High exemptions mean you keep more.
- In Chapter 13, the "best interests of creditors" test means your plan must pay unsecured creditors at least what they would have received if non-exempt assets were liquidated in Chapter 7. Higher exemptions can reduce your required plan payment.
Common exemption planning considerations
- Is your home equity within the homestead limit, or does it exceed the cap?
- Do you have a vehicle loan that reduces your equity below the exemption?
- Are there assets that could be reclassified or converted to exempt form before filing?
- Would waiting to file change the exemption calculation (e.g., recent large deposit, bonus, tax refund)?
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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Related guides
- $3,000 aggregate in household goods, wearing apparel (adjusted periodically)
- 85% of disposable earnings for head of family (75% for others), or amount exceeding 30× minimum wage