The Role of the Nebraska Bankruptcy Trustee
The Nebraska bankruptcy trustees handle cases filed under Chapters 7 and 13 across the state’s judicial district. To understand how the bankruptcy court system works in the “Cornhusker State,” it is crucial to recognize the distinction between the private trustee who administers your individual case and the Office of the U.S. Trustee (UST), which maintains the integrity of the entire system as a division of the Department of Justice.
By Alexander Hernandez, J.D., Professor, and Author of Consumer Bankruptcy Law (Routledge).
The Nebraska Bankruptcy Trustee
The Bankruptcy Trustee is a private individual (often an attorney) appointed to oversee your specific case. Their responsibilities differ significantly based on the chapter you file:
Chapter 7 (Liquidation): The trustee reviews your petition and financial disclosures, conducts the 341 Meeting of Creditors, and manages the liquidation of non-exempt assets to distribute proceeds to your creditors. To learn more about the 341 Meeting of Creditors, read this prior article.
Chapter 13 (Reorganization): Often called a “wage earner’s plan,” the standing trustee in Chapter 13 administers your reorganization. They collect your monthly plan payments and distribute them to creditors according to the court-confirmed plan. They also oversee the 341 Meeting and the Confirmation Hearing.
Professor’s Note: Confirmation Hearings are not held in Chapter 7 bankruptcy. To learn more about the process and what takes place at a Confirmation Hearing, read this prior article.
Office of the U.S. Trustee (UST)
Unlike the private trustees who manage your case files, the United States Trustee (UST) is a federal official within the Department of Justice (DOJ). The UST’s role is one of oversight: they monitor private trustees and investigate and prosecute potential bankruptcy fraud. Nebraska is part of Region 13 of the U.S. Trustee Program, which also includes Arkansas and Missouri.
Key Points: The Nebraska Bankruptcy Trustee’s Primary Role
The trustee is effectively the guardian of the bankruptcy estate. Their primary goal is to maximize the return for your creditors by:
Reviewing Financial Disclosures: The trustee will review the bankruptcy schedules to identify non-exempt assets, which are those not protected under Nebraska’s bankruptcy exemptions (which include specific protections for your homestead and personal property).
The 341 Meeting of Creditors: You must attend this meeting. At the creditors’ meeting, the Nebraska bankruptcy trustee questions debtors under oath.
Investigative Authority: In Chapters 7 and 13, the trustee reviews the financial history for “preferential payments” such as paying back family members shortly before filing, or “fraudulent transfers,” which is transferring property to keep it out of the bankruptcy.
The Nebraska bankruptcy trustee has several tools they can use to further investigate cases, such as the 2004 Examination, which is similar to a deposition. The trustee can also object to transfers or the dischargeability of debt by filing an Adversary Proceeding, which is similar to a litigated civil case.
Professor’s Note: As of 2026, most Nebraska trustees conduct the 341 Meetings via Zoom. While this offers convenience, remember you are still under oath and must provide valid identification and social security verification. Each bankruptcy trustee has their own procedures, so confirm in advance how they want identification provided.
The Duties of the Nebraska Bankruptcy Trustee for Chapter 7 and Chapter 13
| Bankruptcy Chapter | Trustee Duties |
| Chapter 7 (Liquidation) | Oversight & Liquidation: Review the petition, conduct the 341 Meeting, identify non-exempt assets, and distribute liquidation proceeds to creditors. |
| Chapter 13 (Reorganization) | Plan Oversight & Payments: Performs review duties and administers the Repayment Plan. Collects monthly payments and monitors debtor compliance over a 3-to-5-year term. |
Nebraska Bankruptcy Trustees
The District of Nebraska operates primarily through courthouses in Omaha and Lincoln, though cases are filed statewide. Information on the courthouse locations include contact information for the judges and staff, can be found on this page.
Chapter 13 Standing Trustee
Nebraska utilizes standing trustees to oversee reorganization cases.
| Trustee Name | Mailing Address | Contact Information |
| Erin McCartney | 13930 Gold Circle, Suite 201, Omaha, NE 68144 | (402) 697-0437 |
Chapter 7 Panel Trustees
The following individuals are part of the panel of trustees who may be assigned to a Chapter 7 case in Nebraska, typically based on the region where the case is filed.
| Trustee Name | Address | Phone |
| James A. Overcash | 301 South 13th Street, Suite 500, Lincoln, NE 68508 | (402) 437-8500 |
| John D. Stalnaker | 11404 W Dodge Road, Suite 500, Omaha, NE 68154 | (402) 829-1848 |
| Richard D. Myers | 11404 West Dodge Road, Suite 500, Omaha, NE 68154 | (402) 492-9200 |
| Phillip M. Kelly | 105 East 16th Street, Scottsbluff, NE 69361 | (308) 632-7191 |
Professor’s Note: It’s always important to double and triple-check information. In this case, Jerry L. Jensen is still listed as the standing trustee on the bankruptcy court’s website as well as the UST’s Office website. However, note that former Attorney General Merrick B. Garland had appointed Jensen as the Acting U.S. Trustee for Arkansas, Nebraska, and Missouri (Region 13). He replaced Daniel J. Casamatta, who retired.
The Professor’s Take
Understanding the role of your Nebraska bankruptcy trustee is essential for a successful discharge. While the trustee is often professional and helpful, remember: The trustee does not represent you. They represent the bankruptcy estate and the interests of your creditors. Only your bankruptcy attorney serves as your legal advocate.
Professor Hernandez is an attorney specializing in consumer finance and debt relief. He is the published author of Consumer Bankruptcy Law (Routledge Publishing) and teaches law and finance courses in both English and Spanish for an international university.
Colleges and universities can purchase my bankruptcy law textbook directly from Routledge Publishing. Paralegals and students who are buying single copies can do so via Amazon Books. To access my YouTube channel, click this link.
You can learn more about filing for bankruptcy and the bankruptcy petition via this link. Information on the bankruptcy court system, contact information for trustees, and your state’s exemptions can be found here. The federal bankruptcy exemptions are listed here. The latest version of the 341 Meeting of the Creditors can be found here.
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Please note that the information on this site does not constitute legal advice and should be considered for informational purposes only.
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