Nebraska

The information given on this page is for educational and informational purposes only, and does not constitute any legal or tax advice or opinion. This page is meant to give a quick start to research by other professionals, but it should absolutely not be relied upon for any purposes whatsoever. Additionally, this page is kept current only as our time allows, and the information given here may not be current. We make NO GUARANTEES as to the accuracy of the information herein and you should not rely on it. Even professionals who use this information must independently verify whether it is correct and current.

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Nebraska Asset Protection Overview

Nebraska is a creditor-friendly state, offering minimal homestead protection (in stark contrast to its neighbors, Iowa and Kansas, which offer unlimited homestead exemptions), and little protection for life insurance.

Nebraska Statutory Creditor Exemptions

For additional detailed information on the use of life insurance, annuities, pension plans, and employee benefit plans for wealth preservation and asset protection, see advanced life insurance

Nebraska Homestead

• The homestead exemption limit in Nebraska is $12,500. The property may not exceed a two lots in a city or town, or 160 acres elsewhere. [40-101, 40-111, 40-113, 40-105]

Statute

Nebraska Life Insurance

• Life insurance proceeds or annuity contract up to $10,000 loan value, are exempt. [44-371]

Statute

Nebraska IRAs & Pension Plans

• IRAs are exempt. [25-1563.01]

Statute

Nebraska Fraudulent Transfers

For additional detailed information relating to fraudulent transfers, including the text of the Uniform Fraudulent Transfers Act, see fraudulent transfers.

Nebraska Act

• Nebraska Fraudulent Transfers Act

Nebraska Fraudulent Transfer Cases

Federal Circuit Court

• Stalnaker v. DLC,
  No. 03-6010 (8th Cir. 07/11/2003)

State Appellate Court

• Roger Eugene Parker v. Beverly Maxine Parker,
  268 Neb. 187 (Neb. 06/25/2004)

• Parker v. Parker,
  636 N.W.2d 385 (Neb.App. 12/04/2001)

• Maibaum v. Maibaum,
  No. A-00-182 (Neb.App. 04/10/2001)

• Farris Engineering, Inc. v. Folgers Architects & Facility Design, Inc.,
  No. A-99-1384 (Neb.App. 01/16/2001)

• Bowers v. Dougherty,
  615 N.W.2d 449 (Neb. 07/28/2000)

• Essen v. Gilmore,
  259 Neb. 55 (Neb. 03/24/2000)

• Richardson v. Anderson,
  8 Neb.App. 923 (Neb.App. 01/11/2000)

• Eli's Inc. v. Lemen and Western Printing Company,
  591 N.W.2d 543 (Neb. 03/26/1999)

• Dillon Tire Inc. v. Fifer,
  589 N.W.2d 137 (Neb. 02/12/1999)

• State ex rel Department of Insurance v.
  Countrywide Truck Insurance Agency, Inc.,
  258 Neb. 113 (Neb. 11/12/1999)

• Eli's, Inc. v. Commercial Lithographing, Inc.,
  8 Neb.App. 752 (Neb.App. 10/19/1999)

• Gene Gerdes v. Melvin Klindt et al.,
  (Neb. 10/31/1997)

• Laurence J. Hanigan and Ann Hanigan v. Raymond P. Trumble,
  1997.NE.125 (Neb. 05/09/1997)

• Wayne Trew, v. Arlene Trew,
  1996.NE.438 (Neb. 12/31/1996)

• Richard J. Mahlin and Cynthia S. Mahlin v. Caroline Goc., LLR
  1996.NE.231 (Neb. 05/03/1996)

• Norwest Bank Nebraska v. Bill R. Bowers,
  516 N.W.2d 623 (Neb. 06/03/1994)

• O. William Vonseggern v. Walter H. Willman,
  508 N.W.2d 261 (Neb. 11/19/1993)

• Laverne R. Schall v. Anderson's Implement,
  484 N.W.2d 86 (Neb. 05/15/1992)

• Roger R. Holthaus v. Theodore W. Parsons,
  469 N.W.2d 536 (Neb. 05/24/1991)

• State of Nebraska v. Don Hocutt,
  300 N.W.2d 198 (Neb. 01/09/1981)

• First National Bank Kearney v. Marlene M. Bunn et al.,
  241 N.W.2d 127 (Neb. 04/21/1976)

• First National Bank Omaha v. First Cadco,
  217 N.W.2d 93 (Neb. 04/18/1974)

Nebraska Trusts

For additional detailed information relating to the use of trusts for asset protection, including foreign and domestic asset protection trusts, see trusts.

Nebraska Trust Act (Non Self-Settled)

• Nebraska Trust Act

  Note: The legislature is currently looking at adopting some changes to the Uniform Trust Code, relating to trustee duties: Bill Status

Nebraska Business Entities

Nebraska Acts

• Nebraska Corporation Act
• Nebraska Limited Partnership Act
• Nebraska Limited Liability Company Act

Nebraska Charging Order Cases

• Directory Services LLC v. Rowland
  No. A-04-039 (Neb.Ct.App. 09/13/2005)

• Linda Novak v. Gerald H. Novak,
  513 N.W.2d 303 (Neb. 03/18/1994)

Nebraska Alter Ego & Corporate Veil Cases

• Cases to come

Useful Nebraska Links

For additional detailed information relating to financial frauds and tax scams, see http://www.quatloos.com

• Nebraska Secretary of State
• Nebraska Attorney General
• Nebraska Bar Association

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