If you’re considering filing bankruptcy in Nebraska, you’ll need to understand the types, costs, as well as some helpful advice to finding good attorneys.

Am I Qualified for Bankruptcy?

Qualifying for bankruptcy in Nebraska, like in other states, is primarily determined by federal bankruptcy laws under Chapter 7 and Chapter 13. These laws establish certain eligibility criteria that individuals must meet to file for bankruptcy. Here, we’ll explore the key qualifications and considerations for bankruptcy filers in Nebraska.

1. Residency Requirement: To file for bankruptcy in Nebraska, you must meet the state’s residency requirement, which typically means you have lived in Nebraska for at least 180 days before filing your bankruptcy petition. If you have recently moved to Nebraska, you may need to wait until you meet this residency requirement.
2. Income Eligibility: Chapter 7 and Chapter 13 bankruptcies have different income eligibility requirements:
   • Chapter 7: To qualify for Chapter 7 bankruptcy, you must pass the “means test.” This test compares your household income to the median income for your household size in Nebraska. If your income is below the median, you automatically qualify for Chapter 7. However, if your income is above the median, you may still qualify if you can demonstrate that you don’t have enough disposable income to repay your debts through a Chapter 13 repayment plan.
   • Chapter 13: In a Chapter 13 bankruptcy, there is no strict income threshold, but you must have a reliable source of income to fund a repayment plan. The court will assess your income and expenses to determine if you have sufficient income to make regular plan payments.
3. Credit Counseling: Before you can file for bankruptcy in Nebraska, you must complete a credit counseling course from an approved agency within 180 days before filing. The certificate of completion must be included with your bankruptcy petition.
4. Debt Limits: While there are no specific debt limits to file for Chapter 7 or Chapter 13 bankruptcy in Nebraska, the amount and type of debt you have can affect your bankruptcy strategy. Some debts, like student loans and certain tax debts, may not be dischargeable in bankruptcy.
5. Prior Bankruptcy Filings: If you have filed for bankruptcy in the past, there are rules about how often you can file again and receive a discharge of debts. For instance, if you previously received a discharge in a Chapter 7 case, you must wait eight years from the date of the prior filing before you can file for Chapter 7 again. If you received a discharge in a prior Chapter 13 case, you must wait six years before filing for Chapter 7. If you want to file for Chapter 13 after a prior Chapter 7 discharge, you generally need to wait four years.
6. Credit Counseling and Financial Management Courses: In addition to the credit counseling requirement mentioned earlier, you must also complete a financial management course after filing for bankruptcy but before receiving your discharge. This course is designed to help you manage your finances more effectively in the future.
7. Good Faith Filing: To successfully file for bankruptcy in Nebraska, you must do so in good faith. This means that you cannot abuse the bankruptcy process by hiding assets, providing false information, or engaging in fraudulent behavior.
8. Legal Representation: While it’s not a strict qualification, it is highly advisable to seek legal counsel when filing for bankruptcy in Nebraska. Bankruptcy law is complex, and an attorney can help ensure that you meet all the requirements, file the necessary documents correctly, and navigate the process effectively.

Qualifying for bankruptcy in Nebraska involves meeting residency, income, and other eligibility requirements while adhering to the federal bankruptcy laws. It’s essential to consult with an experienced bankruptcy attorney to assess your specific situation, explore your options, and determine the most appropriate chapter for your bankruptcy filing. Bankruptcy can provide a fresh start for individuals overwhelmed by debt, but it’s essential to follow the rules and requirements to ensure a successful outcome

RESOURCES:

Do You Need a Lawyer to File For Bankruptcy in Nebraska?

You do not need a lawyer to file for bankruptcy in Nebraska, but it is highly advisable to have legal representation. Filing for bankruptcy is a complex legal process with significant financial and legal implications, and while you have the right to represent yourself (pro se), here are some key reasons why it’s strongly recommended to hire an attorney when considering bankruptcy in Nebraska:

1. Complex Legal Procedures: Bankruptcy law is intricate, and the procedures involved can be overwhelming for individuals without legal training. An attorney with expertise in bankruptcy can guide you through the process, ensuring that all necessary documents are filed correctly and on time. Mistakes in your bankruptcy paperwork can lead to delays, dismissals, or even the loss of valuable assets.
2. Evaluation of Your Options: A qualified bankruptcy attorney can assess your financial situation and help you determine the most appropriate chapter for your bankruptcy filing—Chapter 7 or Chapter 13. They will consider your income, assets, debts, and your goals to create a strategy tailored to your specific circumstances.
3. Asset Protection: An attorney can help you understand and maximize the exemptions available to you under Nebraska and federal bankruptcy laws. Exemptions protect certain property from being liquidated or sold to pay off your debts. Without legal guidance, you may inadvertently jeopardize assets that could have been protected.
4. Avoiding Legal Pitfalls: Bankruptcy is subject to a wide range of rules, regulations, and legal requirements. A bankruptcy attorney can help you avoid common pitfalls, such as failing to disclose all assets, income, and debts, which can lead to accusations of fraud and criminal charges.
5. Debt Discharge Maximization: In Chapter 7 bankruptcy, a lawyer can help ensure that you discharge as much of your unsecured debt as possible. They can also help you navigate the means test and other eligibility requirements to qualify for Chapter 7.
6. Chapter 13 Repayment Plan: If you file for Chapter 13 bankruptcy, an attorney can assist in crafting a feasible repayment plan based on your income and expenses. They can negotiate with creditors and the bankruptcy trustee to achieve the best possible terms for your plan.
7. Court Representation: Attending bankruptcy hearings and meetings with creditors can be intimidating and confusing. Having an attorney by your side can provide peace of mind and ensure that your rights are protected during these proceedings.
8. Debt Negotiation and Settlement: In some cases, bankruptcy may not be the only option. A skilled bankruptcy attorney can explore debt negotiation and settlement alternatives that may be more suitable for your situation.
9. Legal Knowledge and Experience: Attorneys are well-versed in bankruptcy law, and they stay up-to-date with changes in regulations and court precedents. Their knowledge and experience can be invaluable in achieving a successful outcome in your bankruptcy case.
10. Emotional Support: Dealing with overwhelming debt and financial distress can be emotionally challenging. A bankruptcy attorney can offer guidance and support, helping you navigate the process with less stress and anxiety.

While it is technically possible to file for bankruptcy in Nebraska without an attorney, it is strongly recommended to seek legal representation. A qualified bankruptcy attorney can provide you with the expertise, guidance, and support needed to navigate the complex bankruptcy process successfully and make informed decisions about your financial future.

Cost to File Chapter 7 Bankruptcy in Nebraska

The cost to file for Chapter 7 bankruptcy in Nebraska consists of several fees and expenses, including court filing fees, credit counseling fees, and attorney fees if you choose to hire an attorney to assist you with the process. Here’s a breakdown of these costs:

1. Court Filing Fee: The filing fee for a Chapter 7 bankruptcy case in Nebraska is paid to the bankruptcy court when you submit your bankruptcy petition. However, it’s important to note that court filing fees can change over time, so it’s advisable to check the current fee schedule on the official website of the U.S. Bankruptcy Court for the District of Nebraska or consult with a bankruptcy attorney for the most up-to-date information.
2. Credit Counseling and Debtor Education Courses: Before filing for Chapter 7 bankruptcy, you are required to complete two mandatory credit counseling courses. The cost of these courses can vary, but they typically range from $25 to $58 each. Be sure to choose a credit counseling agency approved by the U.S. Trustee Program to ensure that the courses meet the necessary requirements.
3. Attorney Fees (Optional): While you are not required to hire an attorney to file for Chapter 7 bankruptcy, many individuals choose to do so for legal guidance and representation. Attorney fees can vary widely based on the complexity of your case, your location in Nebraska, and the attorney’s experience. It’s important to discuss fees and payment arrangements with potential bankruptcy attorneys before retaining their services. Some attorneys may offer a flat fee for Chapter 7 representation, while others may charge an hourly rate.
4. Miscellaneous Costs: In addition to the fees mentioned above, there may be other miscellaneous costs associated with your Chapter 7 bankruptcy filing, such as postage, notary fees, and costs related to obtaining copies of your credit reports or other documents.

If you are unable to afford the required fees for filing Chapter 7 bankruptcy, you may be eligible for a fee waiver or installment plan. To request a fee waiver, you must demonstrate that your income falls below 150% of the federal poverty guidelines and that you are unable to pay the filing fee in installments. If you do not qualify for a fee waiver, you can request to pay the filing fee in installments over a period of up to four months after filing your bankruptcy petition.

Cost to File Chapter 11 Bankruptcy in Nebraska

The cost to file for Chapter 11 bankruptcy in Nebraska can vary widely depending on the complexity of your case and other factors. Chapter 11 bankruptcy is typically utilized by businesses, including corporations and partnerships, but it can also be used by individuals with substantial assets and debts. Here’s a breakdown of the potential costs involved in a Chapter 11 bankruptcy filing:

1. Court Filing Fee: The filing fee for a Chapter 11 bankruptcy case in Nebraska is $1,895. However, please note that court filing fees can change over time, so it’s essential to check the current fee schedule on the official website of the U.S. Bankruptcy Court for the District of Nebraska or consult with an attorney for the most up-to-date information.
2. Attorney Fees: Chapter 11 bankruptcy is known for its complexity and the involvement of legal professionals is almost always necessary. The attorney fees for Chapter 11 cases can vary significantly depending on the size and complexity of the business or individual’s financial affairs. The legal representation may involve substantial negotiation, reorganization planning, and ongoing legal counsel throughout the bankruptcy process. It is not uncommon for attorney fees in Chapter 11 cases to run into tens of thousands or even hundreds of thousands of dollars.
3. U.S. Trustee Fees: In Chapter 11 cases, the U.S. Trustee may assess quarterly fees based on the debtor’s disbursements. These fees are meant to cover the costs of overseeing the case. The exact amount of U.S. Trustee fees depends on the total disbursements made by the debtor during the case.
4. Other Professional Fees: In complex Chapter 11 cases, it’s common to hire financial advisors, accountants, appraisers, and other professionals to assist with the bankruptcy process. These professionals typically charge fees for their services, and these costs can add up significantly.
5. Creditors’ Committee Fees: In some Chapter 11 cases, a creditors’ committee may be formed to represent the interests of unsecured creditors. The expenses associated with the creditors’ committee, including legal fees, are typically paid by the debtor’s estate.
6. Miscellaneous Costs: There may be other miscellaneous costs associated with a Chapter 11 bankruptcy, such as court-ordered appraisals, publication fees, and costs related to mailing notices and documents to creditors.

If you are considering Chapter 11 bankruptcy in Nebraska, it’s crucial to consult with an experienced bankruptcy attorney who can provide a more accurate estimate of the potential costs based on your specific circumstances. Additionally, bankruptcy laws and fees may change over time, so it’s essential to stay informed about the current requirements and fees in Nebraska.

Cost to File Chapter 13 Bankruptcy in Nebraska

The cost to file for Chapter 13 bankruptcy in Nebraska involves several fees and expenses. Chapter 13 bankruptcy is often chosen by individuals to reorganize and repay their debts over a period of three to five years. Here’s a breakdown of the potential costs associated with filing for Chapter 13 bankruptcy in Nebraska:

1. Court Filing Fee: The filing fee for a Chapter 13 bankruptcy case in Nebraska is $350. This fee is paid to the bankruptcy court when you submit your bankruptcy petition. It’s important to note that court filing fees can change over time, so it’s advisable to check the current fee schedule on the official website of the U.S. Bankruptcy Court for the District of Nebraska or consult with a bankruptcy attorney for the most up-to-date information.
2. Attorney Fees: While not mandatory, it is highly recommended to hire an attorney when filing for Chapter 13 bankruptcy. An attorney’s fees for a Chapter 13 case can vary depending on the complexity of your financial situation and the attorney’s experience. Some attorneys may charge a flat fee, while others may charge an hourly rate. The attorney’s fees are typically paid through the Chapter 13 repayment plan, which allows you to make monthly payments toward your attorney’s fees as part of your overall debt repayment.
3. Credit Counseling and Debtor Education Courses: Before filing for Chapter 13 bankruptcy, you are required to complete two mandatory credit counseling courses. These courses typically cost between $26 and $58 each. It’s essential to choose credit counseling agencies approved by the U.S. Trustee Program to ensure compliance with the bankruptcy requirements.
4. Trustee’s Fees: In a Chapter 13 case, a bankruptcy trustee is appointed to oversee your repayment plan and collect payments from you to distribute to your creditors. The trustee is entitled to a fee, which is typically a percentage of the payments made through the plan. The trustee’s fee is part of your overall repayment plan, so it is not an additional out-of-pocket expense.
5. Miscellaneous Costs: There may be other miscellaneous costs associated with your Chapter 13 bankruptcy filing, such as postage, notary fees, and costs related to obtaining copies of your credit reports or other documents.

If you are facing financial difficulties and are considering Chapter 13 bankruptcy in Nebraska, it’s advisable to consult with an experienced bankruptcy attorney. They can provide you with a more accurate estimate of the potential costs based on your specific circumstances and help you navigate the Chapter 13 process effectively. Additionally, bankruptcy laws and fees may change over time, so staying informed about the current requirements and fees in Nebraska is essential.

Reliable Bankruptcy Attorneys in Nebraska

Below is a list of reputable bankruptcy attorneys in Nebraska. They can help you with both personal and business bankruptcy information.

Skrupa Law Bankruptcy Attorney
1850 S 72nd St, Omaha, NE 68124, United States

Burke Smith Law
2111 S 67th St #300, Omaha, NE 68106, United States

Sam Turco Law Offices
3006 S 87th St, Omaha, NE 68124, United States

The Law Office of Paul W. Rea
2710 S 70th St STE 104, Lincoln, NE 68506, United States

Lentz Law
650 J St Ste 215B, Lincoln, NE 68508, United States

Nebraska Zip Codes We Proudly Serve:

Lincoln

68516, 68521, 68506, 68502, 68510, 68504, 68508, 68505, 68503, 68507, 68512, 68522, 68526, 68528, 68524, 68520, 68523, 68527, 68532, 68517, 68531, 68514

Omaha

68104, 68116, 68107, 68135, 68134, 68164, 68137, 68105, 68144, 68111, 68127, 68154, 68130, 68106, 68136, 68114, 68124, 68108, 68132, 68131, 68138, 68122, 68112, 68118, 68110, 68117, 68102, 68157, 68152, 68142, 68178

More Nebraska Zip Codes we serve:

68001, 68301, 69210, 68620, 68810, 68303, 68710, 69301, 68920, 68304, 68711, 68621, 68812, 69331, 68813, 68814, 68922, 68815, 68816, 68002, 69120, 69121, 69333, 68003, 68817, 68713, 68923, 68305, 68818, 68307, 68924, 68925, 68004, 68309, 68622, 69020, 68714, 68715, 69334, 68310, 68926, 68313, 68314, 68716, 68717, 68623, 68123, 68005, 68147, 68624, 68315, 68316, 69021, 68317, 68007, 68927, 69122, 69335, 68928, 68008, 68718, 68929, 68930, 68318, 68820, 68010, 68319, 69123, 68626, 68821, 69336, 68719,

69125, 68320, 68822, 68321, 69127, 68322, 68014, 68720, 68323, 68324, 68823, 69128, 68722, 68325, 68824, 68825, 69022, 68932, 68326, 68723, 68015, 68016, 68627, 68724, 68826, 68017, 69337, 68725, 69023, 68827, 69129, 68327, 68628, 68629, 68328, 68933, 68726, 69211, 68727, 68018, 68601, 68828, 68728, 68329, 68331, 69130, 68332, 68019, 69339, 68729, 68631, 68333, 68730, 69212, 69024, 69025, 68731, 69131, 69026, 68831, 68335, 68336, 68632, 68337, 68338, 68341, 68020, 68339, 68340, 68934, 69132, 68342,

69133, 68732, 68633, 68832, 68343, 68344, 68345, 68346, 68634, 68833, 68635, 68347, 68834, 68935, 68936, 68835, 68636, 68348, 68022, 69340, 68836, 68349, 69134, 69135, 68937, 68837, 68733, 68734, 69027, 68350, 68637, 69028, 68735, 68351, 68352, 68938, 68354, 68355, 69029, 68838, 68357, 68358, 68736, 68023, 68939, 68025, 68359, 68638, 68940, 68360, 68361, 68640, 69341, 68840, 68362, 68841, 68941, 68364, 69343, 69138, 68365, 68801, 68803, 69140, 68842, 68366, 68367, 68028, 68942, 69141, 69030, 68368,

69142, 68843, 68943, 69345, 69346, 68739, 68944, 68901, 69347, 69032, 68844, 68945, 68370, 69348, 68371, 68946, 68029, 69143, 68372, 68947, 68948, 68949, 68950, 68030, 68031, 68846, 68740, 68641, 68741, 68375, 68376, 68642, 69350, 69033, 68952, 69034, 68954, 68742, 68033, 68743, 68377, 68378, 69214, 68955, 68845, 68847, 68849, 68956, 68034, 69144, 69216, 69145, 68128, 69351, 68745, 68957, 69036, 68643, 69146, 69147, 68380, 68850, 68381, 68644, 68036, 69148, 68852, 69149, 69217, 68958, 68382, 68037,

68853, 69352, 68746, 68038, 68039, 68748, 69150, 68749, 68402, 68040, 68403, 68854, 69354, 68404, 68751, 68855, 69037, 69151, 69038, 69001, 68401, 69353, 68747, 68041, 68752, 69355, 68042, 68856, 69218, 68405, 68858, 68406, 68753, 69356, 68959, 69357, 68647, 69039, 69358, 68648, 69152, 68407, 68409, 68755, 68960, 68410, 68413, 68756, 68961, 68414, 69219, 68757, 68758, 68759, 68044, 68760, 68701, 68649, 68859, 69101, 68964, 68761, 68045, 68860, 68415, 68861, 68113, 69153, 68416, 68763, 68452, 68764,

68862, 68966, 68651, 69154, 68765, 68417, 68863, 68967, 68766, 69040, 68864, 68418, 68419, 68046, 68133, 69041, 68420, 69155, 68047, 68421, 68652, 68865, 68422, 68767, 68768, 68769, 68653, 68048, 68423, 68866, 68424, 68654, 68770, 69156, 68050, 68655, 69157, 68969, 68771, 68869, 68428, 68970, 68971, 68658, 68870, 68972, 68430, 68871, 68659, 68055, 68973, 68773, 68431, 69360, 68974, 68660, 68774, 68872, 68433, 68874, 68975, 68661, 68875, 69361, 68057, 69161, 68434, 68662, 68876, 68436, 68437, 69162,

68663, 68976, 68664, 68058, 68776, 68665, 69220, 68777, 68438, 68059, 68778, 68873, 68977, 68779, 68439, 69163, 68440, 68441, 68442, 68443, 69042, 68444, 69043, 68666, 68780, 68878, 68978, 68667, 69165, 68979, 68445, 68446, 68447, 68448, 68879, 68450, 68061, 69166, 68062, 68781, 68453, 69044, 68980, 69167, 68063, 68669, 68454, 68455, 68981, 68456, 69201, 68064, 68065, 69168, 68783, 68457, 68458, 68460, 68066, 68784, 69169, 68067, 68461, 68068, 68785, 68069, 69045, 68786, 68462, 68787, 68463, 69170, 68788, 68464, 68881, 68070, 69365, 69366, 69367, 68465, 68982, 69171, 69046, 68071, 68789, 68790, 68072, 68791, 68882, 69221, 68883, 68466, 68792, 68467, 68073

---