Neb. Rev. Stat. § 25-1556

Specific exemptions; personal property; selection by debtor; adjustment by Department of Revenue

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(1) No property hereinafter mentioned shall be liable to attachment, execution, or sale on any final process issued from any court in this state, against any person being a resident of this state: (a) The immediate personal possessions of the debtor and his or her family; (b) all necessary wearing apparel of the debtor and his or her family; (c) the debtor's interest, not to exceed an aggregate fair market value of three thousand dollars, in household furnishings, household goods, household computers, household appliances, books, or musical instruments which are held primarily for personal, family, or household use of such debtor or the dependents of such debtor; (d) the debtor's interest, not to exceed an aggregate fair market value of five thousand dollars, in implements, tools, or professional books or supplies, other than a motor vehicle, held for use in the principal trade or business of such debtor or his or her family; (e) the debtor's interest, not to exceed five thousand dollars, in a motor vehicle; and (f) the debtor's interest in any professionally prescribed health aids for such debtor or the dependents of such debtor. The specific exemptions in this section shall be selected by the debtor or his or her agent, clerk, or legal representative in the manner provided in section 25-1552.

(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 26 cases, 1949–2019 · leading case: Matter of Welborne
Matter of Welborne (1986) nebraskab · cites it 12× “(2) Can a stereo system, and a 25” color television be considered exempt under Neb.Rev. Stat § 25-1556 as “necessary” furniture or under personal property exemption Neb.”
Matter of Nachtigal (1988) nebraskab · cites it 17× “Neb.Rev.Stat. § 25-1556 In relevant part, Section 25-1556 provides an exemption for: (1) The immediate personal possessions of the debtor and his family; and (2) all necessary wearing apparel of the debtor and his family; all kitchen utensils and household furniture, to be…”
First National Bank of Wahoo v. Plihal (1989) ned · cites it 18× “Neb. Rev.Stat. § 25-1556 (Reissue 1956) stated in relevant part: No property hereinafter mentioned shall be liable to attachment, execution or sale on any final process issued from any court in this state, against any person being a resident of this state and the head of a…”
In Re Miller (2000) nebraskab · cites it 12× “First, I conclude that amended Neb. Rev. Stat. § 25-1556 (4) overruled my previous decision in In re Nacktigal and that a spouse may not assert a tool of the trade exemption in co-debtor’s property.”
Miller v. Dixon (1964) neb · cites it 16× “It was claimed as exempt from levy and sale on execution and attachment under section 25-1556, R. R. S. 1943, as a tool of his trade.”
Thomas v. Sternhagen (1965) neb · cites it 6× “The district court determined that the widow was not entitled to any widow’s allowance; that she was not entitled to select, as part of the homestead, an 80-acre tract which touched only on one corner the 80 acres on which the residence was located; and that for exemption…”
Matter of Knox (1994) nebraskab · cites it 11× “1989), Judge Cambridge held that the exemption provided in Neb.Rev.Stat. § 25-1556 may only be asserted in regard to actual provisions which the debtor has on hand at the time of bankruptcy.”
In re Bailey (1959) ned · cites it 6× “Petitioner in Schedule B-5 claimed as exempt under Section 25-1556, R.R.S. 1943, “truck and tools and equipment used in painting business”.”
In Re Karaus (2002) nebraskab · cites it 35× “*229 Law and Discussion The statutory provisions which are the subject of this contested matter are contained in Neb.Rev.Stat. § 25-1556, which reads in relevant part: No property hereinafter mentioned shall be hable to attachment, execution, or sale on any final process issued…”
Matter of Burchard (1997) nebraskab · cites it 3× “See Neb.Rev.Stat. § 25-1556. This is the first time that the Nebraska legislature has explicitly allowed an exemption for a motor vehicle.”
Matter of Scrams (1994) nebraskab · cites it 17× “; and fuel necessary for six months_ Neb.Rev.Stat. § 25-1556 (Reissue 1989). I have been unable to locate any Nebraska cases holding that an automobile is an “immediate personal possession” and there is a scarcity of cases interpreting subpart (1) of § 25-1556.”
In Re Long (2012) ksb “Neb.Rev.Stat. § 25-1556, emphasis added. 14 .”
— Neb. Rev. Stat. § 25-1556(1) — 4 cases
Matter of Welborne (1986) nebraskab “(2) Can a stereo system, and a 25” color television be considered exempt under Neb.Rev. Stat § 25-1556 as “necessary” furniture or under personal property exemption Neb.”
Matter of Scrams (1994) nebraskab “; and fuel necessary for six months_ Neb.Rev.Stat. § 25-1556 (Reissue 1989). I have been unable to locate any Nebraska cases holding that an automobile is an “immediate personal possession” and there is a scarcity of cases interpreting subpart (1) of § 25-1556.”
In Re Karaus (2002) nebraskab “*229 Law and Discussion The statutory provisions which are the subject of this contested matter are contained in Neb.Rev.Stat. § 25-1556, which reads in relevant part: No property hereinafter mentioned shall be hable to attachment, execution, or sale on any final process issued…”
In re Heimbouch (2000) nebraskab
— Neb. Rev. Stat. § 25-1556(2) — 3 cases
First National Bank of Wahoo v. Plihal (1989) ned “Neb. Rev.Stat. § 25-1556 (Reissue 1956) stated in relevant part: No property hereinafter mentioned shall be liable to attachment, execution or sale on any final process issued from any court in this state, against any person being a resident of this state and the head of a…”
Matter of Knox (1994) nebraskab “1989), Judge Cambridge held that the exemption provided in Neb.Rev.Stat. § 25-1556 may only be asserted in regard to actual provisions which the debtor has on hand at the time of bankruptcy.”
Matter of Scrams (1994) nebraskab “; and fuel necessary for six months_ Neb.Rev.Stat. § 25-1556 (Reissue 1989). I have been unable to locate any Nebraska cases holding that an automobile is an “immediate personal possession” and there is a scarcity of cases interpreting subpart (1) of § 25-1556.”
— Neb. Rev. Stat. § 25-1556(3) — 1 case
In Re Karaus (2002) nebraskab “*229 Law and Discussion The statutory provisions which are the subject of this contested matter are contained in Neb.Rev.Stat. § 25-1556, which reads in relevant part: No property hereinafter mentioned shall be hable to attachment, execution, or sale on any final process issued…”
— Neb. Rev. Stat. § 25-1556(4) — 4 cases
In Re Miller (2000) nebraskab “First, I conclude that amended Neb. Rev. Stat. § 25-1556 (4) overruled my previous decision in In re Nacktigal and that a spouse may not assert a tool of the trade exemption in co-debtor’s property.”
In re Gilica (2015) ohnb
In re Heimbouch (2000) nebraskab
In Re Vasina (2006) nebraskab
— Neb. Rev. Stat. § 25-1556(8) — 1 case
In re Burden (1949) ned
— Neb. Rev. Stat. § 25-1556(e) — 1 case
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