RulesofCivilProcedure.com Civil Procedure · Every State

§ 6-1465.Bankruptcy; effect on pending cases; disbursing funds.

Article 14: Uniform County Court Rules of Practice and Procedure · Last amended July 18, 2008 · Last verified July 22, 2026

In one sentenceThis rule pauses further action in a pending civil case once a party’s bankruptcy petition is put before the court, until it is shown the automatic stay does not apply or has been lifted, and blocks disbursing funds or property tied to the debtor absent a similar showing.

Full Text of § 6-1465

Text sizeJump to: (A) (B)

(A) Civil Cases in Which a Party Has Been Named as a Debtor in a Voluntary or Involuntary Bankruptcy Petition. In any civil case pending before this court in which a party has been named as a debtor in a voluntary or an involuntary bankruptcy petition, a Suggestion of Bankruptcy petition and either (1) a certified copy of the bankruptcy petition, (2) a copy of the bankruptcy petition bearing the filing stamp of the clerk of the bankruptcy court, or (3) a copy of a "Notice of Bankruptcy Case Filing" generated by the Bankruptcy Court's electronic filing system shall be filed by the party named as a debtor or by any other party with knowledge of the bankruptcy petition. Upon the filing of the Suggestion of Bankruptcy and one of the three bankruptcy documents noted immediately above, no further action will be taken in the case by the court or by the parties until it can be shown to the satisfaction of the court that the automatic stay imposed by 11 U.S.C. § 362 does not apply or that the automatic stay has been terminated, annulled, modified, or conditioned so as to allow the case to proceed. Such a showing shall be made by motion.
(B) Request for Disbursements of Funds or Distribution of Property of or to a Party Named as a Debtor in a Bankruptcy Proceeding. In any civil case before the court in which a Suggestion of Bankruptcy and one of the three bankruptcy documents noted in § 6-1465(A) have been filed, no request for a disbursement of funds or distribution of property of or to a party named as a debtor shall be made, and no order disbursing funds or distributing property of or to a party named as a debtor will be entered. A request for disbursement of funds or distribution of property may be made after a showing, satisfactory to the court, that such funds or property has been abandoned by the trustee in bankruptcy or that the funds or property has been exempted by the debtor in the bankruptcy proceedings or that the party named as the debtor in the bankruptcy petition, rather than the trustee in bankruptcy, is otherwise entitled to disbursement of such funds or distribution of such property. Such a showing shall be made by affidavit.

Amendment History

Rule 64(A) and (B) amended October 23, 2002; Rule 64 renumbered to Rule 65 April 15, 2008. Renumbered and codified as § 6-1465, effective July 18, 2008.

Plain-English Summary

Filing for bankruptcy triggers an automatic stay under 11 U.S.C. § 362 that generally halts other litigation against the debtor. This rule builds that federal protection into county court practice. Once a party in a pending civil case is named as a debtor in a voluntary or involuntary bankruptcy petition, the party or anyone else with knowledge of it must file a Suggestion of Bankruptcy along with proof of the filing — a certified copy of the petition, a copy stamped by the bankruptcy clerk, or a Notice of Bankruptcy Case Filing from the bankruptcy court’s electronic system.

Once that Suggestion and supporting document are on file, the county court and the parties take no further action in the case until someone shows, by motion, that the automatic stay does not apply, or that it has been terminated, annulled, modified, or conditioned in a way that lets the case move forward. The rule applies the same caution to money and property: no one can request, and the court will not order, a disbursement of funds or distribution of property involving the debtor party while the Suggestion is on file. That changes only once a showing — made by affidavit — establishes that the trustee has abandoned the funds or property, that the debtor has exempted them in the bankruptcy case, or that the debtor rather than the trustee is entitled to them.

Frequently Asked Questions

What happens to my civil case if the other party files for bankruptcy?

Once a Suggestion of Bankruptcy and proof of the filing are on record, the court and the parties take no further action in the case until it is shown, by motion, that the automatic stay does not apply or has been lifted.

What do I have to file to alert the county court to a bankruptcy?

A Suggestion of Bankruptcy, along with a certified copy of the petition, a bankruptcy-clerk-stamped copy, or a Notice of Bankruptcy Case Filing generated by the bankruptcy court’s electronic filing system.

How does a party show the automatic stay no longer blocks the case?

By motion, demonstrating to the court’s satisfaction that the stay does not apply, or that it has been terminated, annulled, modified, or conditioned so the case can proceed.

Can the court still order funds or property released while a bankruptcy is pending?

Not until a showing is made, by affidavit, that the trustee has abandoned the funds or property, that the debtor has exempted them, or that the debtor rather than the trustee is entitled to them.

Does this rule require the debtor party themselves to file the Suggestion of Bankruptcy?

No. The rule allows the party named as debtor, or any other party with knowledge of the bankruptcy petition, to file it.

Source & verification. Section text and amendment history are reproduced verbatim from the Nebraska Judicial Branch, adopted by the Supreme Court of Nebraska. Last verified July 22, 2026. · Official source
Also known as: bankruptcy stay pending civil case nebraskasuggestion of bankruptcy county courtautomatic stay effect on lawsuitdisbursement of funds bankruptcy debtorbankruptcy petition civil case pause