Filing Bankruptcy in Nebraska: Means Test, Exemptions and Courts
Bankruptcy in Nebraska: the means-test median income, which exemptions you can use, homestead, car and wildcard exemptions, retirement protection and the bankruptcy court.
Quick answers for Nebraska
- Means test median income
- Median family income for Nebraska: 1 person $66,922; 2 people $90,728; 3 people $103,405; 4 people $125,074; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026. U.S. Trustee Program, Census Bureau Median Family Income By Family Size (Cases Filed On or After July 15, 2026)
- State or federal exemptions
- Nebraska has opted out of the federal exemptions. The state rejects the federal exemptions in 11 U.S.C. 522(d) and applies the exemptions in Nebraska statutes and the Nebraska Constitution to bankruptcy cases filed in Nebraska. Neb. Rev. Stat. § 25-15,105
- Homestead exemption
- A homestead of up to $120,000 in value, consisting of the dwelling house the claimant lives in, its appurtenances and the land it sits on: up to 160 acres outside an incorporated city or village, or, at the claimant's option, up to two contiguous lots inside one. Neb. Rev. Stat. § 40-101
- Bankruptcy court
- Nebraska has one federal bankruptcy court district: the U.S. Bankruptcy Court for the District of Nebraska (https://www.neb.uscourts.gov/). Official U.S. Bankruptcy Court website(s)
Last verified: 2026-10-27
Qualifying for Chapter 7
| Means test median income | Median family income for Nebraska: 1 person $66,922; 2 people $90,728; 3 people $103,405; 4 people $125,074; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026. Used in the Chapter 7 means test (Official Forms 122A-1 and 122C-1). The table's first column is labeled "1 EARNER." The same figures were posted for cases filed April 1 through July 14, 2026. The U.S. Trustee Program updates the table periodically. |
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What you can keep (exemptions)
| State or federal exemptions | Nebraska has opted out of the federal exemptions. The state rejects the federal exemptions in 11 U.S.C. 522(d) and applies the exemptions in Nebraska statutes and the Nebraska Constitution to bankruptcy cases filed in Nebraska. Source: Neb. Rev. Stat. § 25-15,105 |
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| Homestead exemption | A homestead of up to $120,000 in value, consisting of the dwelling house the claimant lives in, its appurtenances and the land it sits on: up to 160 acres outside an incorporated city or village, or, at the claimant's option, up to two contiguous lots inside one. It is exempt from judgment liens and from execution or forced sale, except as provided in sections 40-101 to 40-116. Source: Neb. Rev. Stat. § 40-101 |
| Car exemption | The debtor's interest in a motor vehicle, up to $5,970 for 2023 through 2027. The statute states $5,000; the Department of Revenue adjusts the figure every five years for inflation. Statute: https://nebraskalegislature.gov/laws/statutes.php?statute=25-1556 . Next adjustment is due in 2028 under the five-year cycle in § 25-1556(2). |
| Wildcard exemption | Each Nebraska resident may exempt personal property of any kind other than wages, up to $5,970 for 2023 through 2027 (the statute states $5,000, adjusted every five years by the Department of Revenue). The debtor lists the property owned and selects which items to claim. Statute: https://nebraskalegislature.gov/laws/statutes.php?statute=25-1552 |
| Retirement accounts | In bankruptcy and in collection of a money judgment, an interest in a stock bonus, pension, profit-sharing or similar plan or contract payable because of illness, disability, death, age or length of service is exempt to the extent reasonably necessary to support the debtor and dependents. The exemption does not apply if, within two years before the bankruptcy or judgment, the plan was set up or amended to increase contributions by the individual or an insider employer, or if the plan does not qualify under Internal Revenue Code section 401(a), 403(a), 403(b), 408 or 408A. Source: Neb. Rev. Stat. § 25-1563.01 |
| Wages | Garnishment of wages is limited to the lesser of 25% of weekly disposable earnings or the amount above 30 times the federal minimum hourly wage; for a head of a family, no more than 15%. These limits do not apply to support orders, certain bankruptcy court orders, or state or federal tax debts. 'Earnings' includes periodic pension or retirement payments. Wages are not covered by the general $5,000 (adjusted) personal property exemption; the wage statute governs them. |
Where and how to file
| Bankruptcy court | Nebraska has one federal bankruptcy court district: the U.S. Bankruptcy Court for the District of Nebraska (https://www.neb.uscourts.gov/). |
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| Filing without a lawyer | The Nebraska bankruptcy court's Filing Without an Attorney page recommends consulting an attorney but explains that people may file pro se and must follow the federal court rules. It warns that court notices are mailed by the Bankruptcy Noticing Center, which is not the court, and that case documents must be sent directly to the court. The section links to a Pro Se Guide, Requirements (approved credit counseling and debtor education agencies, means testing information and forms), Guidelines (federal rules, Bankruptcy Code, local rules and appendices, poverty guidelines, fee schedule), Legal Aid of Nebraska, the online payment program, PACER information and Section 341 meeting information. The court's Forms menu lists bankruptcy packets for individuals under Chapter 7 and Chapter 13. The Helpful Information page notes that the Lincoln clerk's office no longer takes fee payments; payments go to the Omaha clerk's office in person or by mail. Also read: https://www.neb.uscourts.gov/requirements , https://www.neb.uscourts.gov/guidelines , https://www.neb.uscourts.gov/helpful-information . |
| Standard Chapter 13 lawyer fee | District of Nebraska (the state's only bankruptcy district): chapter 13 attorney fees are governed by the No-Look Compensation Plan in Appendix B to the local rules (Rule 2016-1). The court's notice of General Order 26-03, Amendment to Local Rules regarding Chapter 13 Fees (posted January 23, 2026), states that it will "increase standard attorney fee in Chapter 13 cases to $4,800 ($5,000 including expenses)," a 20% increase over the original $4,000 "No Look Fee" set in 2019, and that several A La Carte (ALC) fees were also increased. Rule 2016-1 (fees in chapter 13 cases governed by Appendix B): https://www.neb.uscourts.gov/rule-2016-1-compensation-professionals |
Bankruptcy FAQ
Which bankruptcy court do I file in for Nebraska?
Nebraska has one federal bankruptcy court district: the U.S. Bankruptcy Court for the District of Nebraska (https://www.neb.uscourts.gov/).
What is the bankruptcy means test income limit in Nebraska?
Median family income for Nebraska: 1 person $66,922; 2 people $90,728; 3 people $103,405; 4 people $125,074; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026.
Can you use the federal bankruptcy exemptions in Nebraska?
Nebraska has opted out of the federal exemptions. The state rejects the federal exemptions in 11 U.S.C. 522(d) and applies the exemptions in Nebraska statutes and the Nebraska Constitution to bankruptcy cases filed in Nebraska.
How much home equity is protected in bankruptcy in Nebraska?
A homestead of up to $120,000 in value, consisting of the dwelling house the claimant lives in, its appurtenances and the land it sits on: up to 160 acres outside an incorporated city or village, or, at the claimant's option, up to two contiguous lots inside one. It is exempt from judgment liens and from execution or forced sale, except as provided in sections 40-101 to 40-116.
Can I keep my car in bankruptcy in Nebraska?
The debtor's interest in a motor vehicle, up to $5,970 for 2023 through 2027. The statute states $5,000; the Department of Revenue adjusts the figure every five years for inflation.
Does Nebraska have a wildcard exemption?
Each Nebraska resident may exempt personal property of any kind other than wages, up to $5,970 for 2023 through 2027 (the statute states $5,000, adjusted every five years by the Department of Revenue). The debtor lists the property owned and selects which items to claim.
Are retirement accounts protected in bankruptcy in Nebraska?
In bankruptcy and in collection of a money judgment, an interest in a stock bonus, pension, profit-sharing or similar plan or contract payable because of illness, disability, death, age or length of service is exempt to the extent reasonably necessary to support the debtor and dependents. The exemption does not apply if, within two years before the bankruptcy or judgment, the plan was set up or amended to increase contributions by the individual or an insider employer, or if the plan does not qualify under Internal Revenue Code section 401(a), 403(a), 403(b), 408 or 408A.
Are wages protected in bankruptcy in Nebraska?
Garnishment of wages is limited to the lesser of 25% of weekly disposable earnings or the amount above 30 times the federal minimum hourly wage; for a head of a family, no more than 15%. These limits do not apply to support orders, certain bankruptcy court orders, or state or federal tax debts. 'Earnings' includes periodic pension or retirement payments. Wages are not covered by the general $5,000 (adjusted) personal property exemption; the wage statute governs them.
Can I file bankruptcy without a lawyer in Nebraska?
The Nebraska bankruptcy court's Filing Without an Attorney page recommends consulting an attorney but explains that people may file pro se and must follow the federal court rules. It warns that court notices are mailed by the Bankruptcy Noticing Center, which is not the court, and that case documents must be sent directly to the court. The section links to a Pro Se Guide, Requirements (approved credit counseling and debtor education agencies, means testing information and forms), Guidelines (federal rules, Bankruptcy Code, local rules and appendices, poverty guidelines, fee schedule), Legal Aid of Nebraska, the online payment program, PACER information and Section 341 meeting information. The court's Forms menu lists bankruptcy packets for individuals under Chapter 7 and Chapter 13. The Helpful Information page notes that the Lincoln clerk's office no longer takes fee payments; payments go to the Omaha clerk's office in person or by mail.
How much does a Chapter 13 bankruptcy lawyer cost in Nebraska?
District of Nebraska (the state's only bankruptcy district): chapter 13 attorney fees are governed by the No-Look Compensation Plan in Appendix B to the local rules (Rule 2016-1). The court's notice of General Order 26-03, Amendment to Local Rules regarding Chapter 13 Fees (posted January 23, 2026), states that it will "increase standard attorney fee in Chapter 13 cases to $4,800 ($5,000 including expenses)," a 20% increase over the original $4,000 "No Look Fee" set in 2019, and that several A La Carte (ALC) fees were also increased.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.