- Debtor buys home in Omaha before marriage.
- Marriage deteriorates; wife files for divorce.
- Debtor moves out during separation, living in hotels, campsites, and eventually renting a house
Nebraska Homestead Exemption: New Bankruptcy Court Opinion Issued
The very hot topic in Nebraska bankruptcy courts these days center around how courts apply changes to the homestead exemption law enacted in 2014.
The exemption protects up to $60,000 of equity in a debtor’s home, but the question is whether the exemption is limited the home or to the debtor. In the case
Federal Tax Liens in Chapter 7 Bankruptcy = Danger
The existence of a Federal Tax Lien in a Chapter 7 bankruptcy case is a dangerous thing. Especially in cases where a debtor has substantial equity in a home or other assets.
Why are tax liens so dangerous? Because property exemption laws, such as the Homestead Exemption, do not apply to federal tax liens.
The Danger of Valuing Real Estate in a Seller’s Market
Nebraska Fraudulent Transfer Act
10 Things You Need to Know About Paying a Mortgage During Bankruptcy
Can I keep my home if I file bankruptcy? Do I have to list the mortgage company? What if I’m behind on the payment? Can I still pay the mortgage payment online? Will they send me monthly statements? How do I know that the past due amounts were paid current? I want to file bankruptcy
How to Stop a Bank Account Garnishment
In every state there exists a list of property that is protected from creditor garnishments and property seizures. We call these laws Exemptions. In theory, these laws are designed to prevent creditors from taking away everything a person owns, but in practice few debtors know how to assert their exemption rights and they often
Beware of Fraudulent Transfers
There is a limit as to how much property is protected in bankruptcy, and debtors who own a 
significant amount of property are frequently tempted to transfer the property out of their name before the case is filed. Anticipating this temptation, bankruptcy laws give the Chapter 7 Trustee the power to retrieve the transferred property
Nebraska Homestead Exemption Denied to Common Law Spouse
The Nebraska Bankruptcy Court has ruled that an unmarried debtor who resided in his home with his long-time girlfriend cannot protect the equity in his home under the Nebraska Homestead Exemption. See In re Chrisman, Nebraska Bankruptcy Case 11-41281-TJM. The debtor, Mark Chrisman, filed Chapter 7 in May of 2011 and listed a home