Nebraska Bankruptcy

Bankruptcy in Nebraska is a federal proceeding that allows individuals or businesses to seek relief from their debts. However, Nebraska’s exemption laws dictate which assets an individual or business can keep. Nebraska has opted out of the federal exemption program, so most residents must use state exemptions.

Nebraska law supplies the exemption list rather than the federal one. For example, a homestead is protected up to $120,000.

How to File Bankruptcy in Nebraska

Having a clear, practical roadmap keeps a bankruptcy case on track from beginning to end. You must complete credit counseling within 180 days before filing your case. Gather all necessary documents, including recent tax returns, six months of income, bank statements, complete asset lists, debt lists, titles, deeds, and any lawsuits. You must choose a chapter and apply Nebraska exemptions: most.

Proceed to file your petition and schedules with the District of Nebraska (Omaha or Lincoln). You must follow the local clerk's instructions for pro se filers or for e-filing by attorneys.Pay the filing fee (or request installments/ a waiver) and attend the §341 meeting. During the meeting, show your valid ID and present any trustee-requested documents. Finally, you must complete debtor education and respond to any court/trustee notices until discharge or plan approval.

Nebraska Bankruptcy Types: Chapter 7, Chapter 13 & Chapter 11

Your choice of chapter is essential, and it sets the dynamics for the case.

Chapter 7 (liquidation)

This method (typically filed by an individual) allows a trustee to sell non-exempt assets on your behalf to repay debts.

Chapter 13 (repayment plan)

In 3–5 years, an individual with a regular income may negotiate with the court to repay their debts. The repayment terms must be approved by the court and reflect the value of non-exempt equity.

Chapter 11 (reorganization)

This is exclusively reserved for businesses and some high-debt individuals. It allows their operations to continue while they propose a repayment plan in the District of Nebraska.

Step In Filing for Bankruptcy in Nebraska

You can apply this concise list to manage tasks and deadlines for your bankruptcy cases in Nebraska.

• Complete a credit-counseling course
• Gather all required financial records
• Choose a chapter and apply Nebraska exemptions
• File your petition and schedules in Omaha or Lincoln
• Pay the filing fee or request a waiver/installments
• Attend the 341 meeting of creditors
• Complete a debtor-education course
• Monitor the trustee or court communications until discharge or plan completion.

Nebraska Bankruptcy Court & Access to Records

The bankruptcy court in Nebraska allows the public to file and access records from either the Omaha or Lincoln office.

Court Locations

The District of Nebraska: The headquarters of the court is located in Omaha, with an additional division in Lincoln (all mail is sent to the Omaha office). The court provides an online payment program to the public. The address for the United States Bankruptcy Court for the District of Nebraska is:

Record Access

Bankruptcy case records are available to interested persons at the U.S. Bankruptcy Court for the District of Nebraska. An important method to obtain information about electronically filed bankruptcy cases is through the Public Access to Court Electronic Case System. You must register for a Pacer account and pay a $0.10 fee to search and view the court case files.

You can request certified copies or photocopies of a case by mail, phone, or email from the court clerk. Submit your request in writing, including the case name and number. You must attach a self-addressed envelope and pay for this service prior to distribution. There will be a search fee, in addition to the cost of the copies. It is vital to check the court’s Public Support Hour page for more information concerning walk-in hours and phone/drop-box schedules.

You may access limited case information via the Multi-Court Voice Case Information System (McVCIS).To do so, you must dial toll-free (866) 222-8029 from any touch-tone phone. You may obtain the latest information on a case, including the case number, trustee, judge, case status, and the 341 meeting date, time, and location.

You may obtain copies of documents in older bankruptcy cases by contacting the Federal Record Center (FRC). FRC retains bankruptcy case files for 15 years. You may contact the FRC with relevant information, such as the transfer number, location number, box number, case number, and file name. You can order the copies online or submit your requests by email, postal mail, or phone. There are public access computer terminals in the Clerk's Office that allow individuals to view cases and print docket information.