(1) Except as provided in subsection (2) of this section, all proceeds and benefits, including interest earned thereon, which are paid either in a lump sum or are accruing under any structured settlement providing periodic payments, which lump-sum settlement or periodic payments are made as compensation for personal injuries or death, shall be exempt from attachment, garnishment, or other legal or equitable process and from all claims of creditors of the beneficiary or the beneficiary's surviving dependents unless a written assignment to the contrary has been obtained by the claimant.
(2) All proceeds and benefits, including interest earned thereon, which are paid for personal injuries may be garnished by a county attorney or authorized attorney pursuant to section 43-512.03 or garnished for child support as defined in section 43-1705 by an obligee as defined in section 43-1713.
Notes of Decisions
Bergan Mercy Health Sys. v. Haven, 620 N.W.2d 339 (Neb. 2000).
· cites it 38× “III, § 18, and (2) whether Neb.Rev.Stat. § 25-1563.02 (Reissue 1995) exempts the proceeds *343 of a personal injury settlement from a lien filed under § 52-401.”
Parnell v. Good Samaritan Health Sys., Inc., 620 N.W.2d 354 (Neb. 2000).
· cites it 8× “Parnell filed a declaratory judgment action seeking, inter alia, to have the district court determine that (1) Parnell's settlement was exempt from Good Samaritan's lien under Neb.Rev.Stat. § 25-1563.02 (Reissue 1995); (2) the amount claimed by Good Samaritan did not reflect the…”
Matter of Burchard, 214 B.R. 494 (Bankr. D. Neb. 1997).
· cites it 19× “Neb.Rev.Stat. § 25-1563.02. The issue before the court is whether the motorcycle and pickup truck purchased by the debtor with proceeds from a personal injury claim are exempt from creditors under Nebraska law.”
In Re Key, 255 B.R. 217 (Bankr. D. Neb. 2000).
· cites it 10× “00, and to assert that the claim constituted exempt property under Neb. Rev. Stat. § 25-1563.02 . Section 25-1563.”
Matter of Borgmann, 176 B.R. 172 (Bankr. D. Neb. 1994).
· cites it 20× “The debtors assert that a lump-sum wrongful death settlement paid to their deceased daughter’s estate, and subsequently paid from the estate to debtors, is exempt from claims of the debtors’ creditors under Nebraska Revised Statutes §§ 25-1563.02 and 44-371. The Objection of the…”
In Re Ballard, 238 B.R. 610 (Bankr. M.D. La. 1999).
“Neb.Rev.Stat. § 25-1563.02 New York: Claims for Negligence and Tortious Conduct Debtor may exempt: (a) a payment on account of wrongful death to the extent reasonably necessary for support; (b) a payment up to $7,500 on account of personal bodily injury not including pain and…”
In re Diers, 320 B.R. 166 (Bankr. D. Neb. 2004).
· cites it 23× “The Chapter 7 trustee has filed an objection to the claimed exemption on the grounds that the debtors are not “dependents” under Neb.Rev.Stat. § 25-1563.02 as construed by In re Borgmann, 176 B.”
In Re Rhea, 335 B.R. 428 (Bankr. D. Neb. 2004).
· cites it 13× “The debtors filed this Chapter 7 case in July, and claimed the settlement proceeds as exempt under Neb.Rev.Stat. § 25-1563.02. 1 The trustee objected to such an exemption, arguing that certain portions of the settlement amount are not exempt under that statute.”
— Neb. Rev. Stat. § 25-1563.02(1) — 1 case
In Re Key, 255 B.R. 217 (Bankr. D. Neb. 2000).
“00, and to assert that the claim constituted exempt property under Neb. Rev. Stat. § 25-1563.02 . Section 25-1563.”
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