(1) Each natural person residing in this state shall have exempt from forced sale on execution the sum of five thousand dollars in personal property, except wages. The provisions of this section do not apply to the exemption of wages, that subject being fully provided for by section 25-1558. In proceedings involving a writ of execution, the exemption from execution under this section shall be claimed in the manner provided by section 25-1516. The debtor desiring to claim an exemption from execution under this section shall, at the time the request for hearing is filed, file a list of the whole of the property owned by the debtor and an indication of the items of property which he or she claims to be exempt from execution pursuant to this section and section 25-1556, along with a value for each item listed. The debtor or his or her authorized agent may select from the list an amount of property not exceeding the value exempt from execution under this section according to the debtor's valuation or the court's valuation if the debtor's valuation is challenged by a creditor.
(2) The dollar limitations in this section shall be adjusted by the Department of Revenue every fifth year beginning with the year 2023 to reflect the cumulative percentage change over the preceding five years in the Consumer Price Index for All Urban Consumers, as prepared by the United States Department of Labor, Bureau of Labor Statistics.
Notes of Decisions
Cited in
30
cases (
1 in the last 5 years), 1949–2024 · leading case:
Matter of Nachtigal, 82 B.R. 533 (Bankr. D. Neb. 1988).
Matter of Nachtigal, 82 B.R. 533 (Bankr. D. Neb. 1988).
· cites it 19× “First, the Bank believes that the Debtors are not entitled to any exemptions pursuant to Neb.Rev.Stat. § 25-1552 (Reissue 1984), because the Debtors have land subject to exemption as a homestead under the laws of the State of Nebraska.”
Matter of Welborne, 63 B.R. 23 (Bankr. D. Neb. 1986).
· cites it 8× “Stat § 25-1556 as “necessary” furniture or under personal property exemption Neb.Rev. Stat § 25-1552 if the amendment is allowed? Answer: Yes.”
In Re Est. of Grassman, 158 N.W.2d 673 (Neb. 1968).
· cites it 8× “The exemption statute, section 25-1552, R.R.S. 1943, contains no definition of the phrase "heads of families.”
Horace Mann Companies v. Pinaire, 538 N.W.2d 168 (Neb. 1995).
· cites it 2× “If the head of the household did not have a homestead exemption, a $2,500 in lieu of homestead exemption can be claimed under Neb. Rev. Stat. § 25-1552 (Reissue 1989).”
Hartmann v. Wolf (In Re Hartmann), 19 B.R. 844 (Bankr. D. Neb. 1982).
· cites it 4× “As an alternative position, if they are unsuccessful with regard to the foregoing assertion, plaintiffs claim that Michelle may assert a claim to exemptions under § 25-1552, R.R.S.1943, as amended, (the “in-lieu-of-homestead provision”).”
Matter of Foulk, 134 B.R. 929 (Bankr. D. Neb. 1991).
· cites it 2× “00 in lieu of homestead exemption can be claimed under Neb.Rev. Stat. § 25-1552 (Reissue 1989). Decisional law makes clear that when a husband and wife file a joint bankruptcy case, the head of household may claim the homestead exemption and the other spouse may claim the in…”
In Re Miller, 255 B.R. 221 (Bankr. D. Neb. 2000).
· cites it 6× “00, and claimed it as exempt under Neb. Rev. Stat. § 25-1552 , which provides an exemption for up to $2,500 of personal property.”
Matter of Smith, 143 B.R. 912 (Bankr. D. Neb. 1992).
· cites it 5× “00 worth of personal property as exempt under Neb.Rev.Stat. § 25-1552, and it also lists $800.”
Arl Credit Servs., Inc. v. Piper, 736 N.W.2d 771 (Neb. Ct. App. 2007).
· cites it 24× “INTRODUCTION In this appeal, we consider whether a judgment debtor may assert the in-lieu-of-homestead exemption, provided by Neb. Rev. Stat. § 25-1552 (Cum. Supp. 2006), in response to a garnishment summons against the judgment debtor’s bank account.”
Matter of Coonrod, 135 B.R. 375 (Bankr. D. Neb. 1991).
· cites it 2× “00 in lieu of homestead exemption can be claimed under Neb.Rev. Stat. § 25-1552 (Reissue 1989). Decisional law makes clear that when a husband and wife file a joint bankruptcy case, the head of household may claim the homestead exemption and the other spouse may claim the in…”
In Re Long, 470 B.R. 186 (Bankr. D. Kan. 2012).
“Neb.Rev.Stat. § 25-1552. 13 . Neb.Rev.Stat.”
State v. Bundy, 549 N.W.2d 122 (Neb. 1996).
· cites it 2× “*216 Neb. Rev. Stat. § 25-1556 (Reissue 1995) allows an exemption of $1,500 for the immediate personal possessions of the debtor.”
— Neb. Rev. Stat. § 25-1552(2) — 1 case
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