Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code or if fraud is used to avoid or circumvent the provisions or purposes of this code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefiting from the fraud, whether innocent or not. Any proceeding must be commenced within two years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate.
Notes of Decisions
Filsinger v. Jacobs (In Re Est. of Filsinger), 27 Neb. Ct. App. 142 (Neb. Ct. App. 2019).
· cites it 2× “In connection with this argument, the Claimants cite Neb. Rev. Stat. § 30-2206 (Reissue 2016), which provides: Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code or if fraud is used to avoid or circumvent the…”
In re Est. of Filsinger, 29 Neb. Ct. App. 809 (Neb. Ct. App. 2021).
· cites it 5× “The Personal Representative argues that Neb. Rev. Stat. § 30-2206 (Reissue 2016) should apply.”
Epp v. Gunter, 677 F. Supp. 1415 (D. Neb. 1988).
· cites it 2× “Fraud, on the other hand, is subject under various situations to a four-year (§ 25-207), a two-year (§ 30-2206), or a five-year statute (§ 30-2206).”
Grassmueck v. Am. Shorthorn Ass'n, 365 F. Supp. 2d 1042 (D. Neb. 2005).
“(3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; and (4) an action for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud,…”
M.I.S. Eng'g v. U.S. Express Enter., Inc., 438 F. Supp. 2d 1056 (D. Neb. 2006).
“onal property, including actions for the specific recovery of personal property; (3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; and (4) an action for relief on the ground of fraud, but the cause of action in…”
Warner v. Warner (D. Neb. 2024).
· cites it 2× “See Neb. Rev. Stat. § 30-2206 (providing for a two-year limitation period for fraud committed in connection with probate proceedings).”
Fry v. Doane Univ. (D. Neb. 2019).
“onal property, including actions for the specific recovery of personal property; (3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; and (4) an action for relief on the ground of fraud, but the cause of action in…”
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