reglab/housing_qa huggingface dataset:
NE Code § 8-1,107 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,107 - Insolvent banks; claims; listing and classification; notice to claimant; filing of objection; powers and duties of director.

8-1,107.  Insolvent banks; claims; listing and classification; notice to claimant; filing of objection; powers and duties of director.(1) Upon the expiration of the time fixed for presentation of claims, the director shall thoroughly investigate all claims and file with the clerk of the district court of the county in which the main office of the insolvent bank is located a complete list of all claims against which he or she knows of no defense and which, in his or her judgment, are valid, designating their priority of payment, together with a list of the claims which, in his or her judgment, are invalid. He or she shall also file an order allowing or rejecting such claims as classified.(2) When the director reclassifies or rejects a claim, which rejection shall be made when he or she doubts the legality of a claim, he or she shall serve written notice of such reclassification or rejection upon the claimant by either registered or certified mail and file, with the clerk of the district court of the county in which the main office of the bank is located, an affidavit of the service of such notice, which affidavit shall be prima facie evidence of such service. Such notice shall state the time and place for the filing by claimant of his or her objections to the classification, reclassification, or rejection of his or her claim.Source   Laws 1923, c. 191, § 22, p. 449;   C.S.1929, § 8-199;   Laws 1930, Spec. Sess., c. 6, § 9, p. 30;   Laws 1933, c. 18, § 63, p. 168;   C.S.Supp.,1941, § 8-199;   R.S.1943, § 8-193;   Laws 1957, c. 242, § 4, p. 818;   R.S.1943, § 8-193;   Laws 1963, c. 29, § 107, p. 179;  Laws 2017, LB140, § 104.  Annotations This section does not constitute an unlawful delegation of judicial power to an executive department of government. Department of Banking v. Hedges, 136 Neb. 382, 286 N.W. 277 (1939).
NE Code § 8-1,108 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,108 - Insolvent banks; claims; objections to classification; hearing.

8-1,108.  Insolvent banks; claims; objections to classification; hearing.Any person objecting to the classification of his or her claim and the order based thereon must, within thirty days of the filing of the classification and order with the clerk of the district court, begin an action in that court asking to reclassify his or her claim and to set aside the order of the director. Notice of this action shall be given by the service of a copy of the petition therein upon the director, who shall, within thirty days of such service, file his or her answer or other pleading. The court shall then set the matter for hearing at the earliest convenient date and shall try and determine the issues according to the usual procedure in matters of equity.Source   Laws 1923, c. 191, § 23, p. 449;   C.S.1929, § 8-1,100;   Laws 1930, Spec. Sess., c. 6, § 10, p. 31;   Laws 1933, c. 18, § 64, p. 168;   C.S.Supp.,1941, § 8-1,100;   R.S.1943, § 8-194;   Laws 1963, c. 29, § 108, p. 179;  Laws 2017, LB140, § 105.  Annotations  When payment of a dividend is deferred by reason of an unsuccessful contest of an alleged setoff, the creditor so delayed should be allowed interest on the dividend to put that creditor on an equality with the other creditors in his class. Colburn v. Ley, 191 Neb. 427, 215 N.W.2d 869 (1974). Where any controversy over allowance of claims arises under this section, judicial power is invoked. Department of Banking v. Hedges, 136 Neb. 382, 286 N.W. 277 (1939). An order fixing a time for filing of petitions of intervention by claimants under this section is not a final judgment, and may be modified at a subsequent term without compliance with the general statute authorizing modification of final judgments at subsequent terms. State ex rel. Sorensen v. South Omaha State Bank, 135 Neb. 478, 282 N.W. 382 (1938).
NE Code § 8-1,109 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,109 - Insolvent banks; claims; certificate of indebtedness; assignment; payments endorsed on certificate.

8-1,109.  Insolvent banks; claims; certificate of indebtedness; assignment; payments endorsed on certificate.Upon the allowance of a claim against an insolvent bank, the director shall, upon request of the claimant, issue and deliver to the claimant a certificate of indebtedness showing the amount of the claim, the date of the allowance thereof, and whether such claim is one having priority of payment or is a general claim. Any assignment of a claim or certificate of indebtedness shall be filed with the director and shall not be binding until so filed. Upon payment of any distribution on a claim, evidenced by a certificate of indebtedness, such certificate shall be presented and an endorsement of such payment shall be made on the certificate.Source   Laws 1929, c. 38, § 22, p. 167;   C.S.1929, § 8-1,101;   Laws 1933, c. 18, § 65, p. 169;   C.S.Supp.,1941, § 8-1,101;   R.S.1943, § 8-195;   Laws 1963, c. 29, § 109, p. 180;  Laws 2017, LB140, § 106.
NE Code § 8-1,111 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,111 - Insolvent banks; priority; not affected by federal deposit insurance.

8-1,111.  Insolvent banks; priority; not affected by federal deposit insurance.When a bank whose deposits are insured by the Federal Deposit Insurance Corporation becomes insolvent, neither the deposits in the bank nor the exchange of such bank shall be deemed to be otherwise secured by reason of such insurance for purposes of section 8-1,110.Source   Laws 1935, c. 16, § 2, p. 91;   C.S.Supp.,1941, § 8-1,102;   R.S.1943, § 8-197;   Laws 1963, c. 29, § 111, p. 181;  Laws 2017, LB140, § 108.
NE Code § 8-1,112 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,112 - Insolvent banks; director; payment of dividends.

8-1,112.  Insolvent banks; director; payment of dividends.At any time after the expiration of the date fixed for the presentation of claims, the district court may by order, upon the application of the director, authorize the director to declare out of the funds remaining in his or her hands, after the payment of expenses, one or more distributions, and at the earliest possible date the director shall declare a final distribution as may be directed by the district court of the county in which the main office of such bank is located.Source   Laws 1933, c. 18, § 69, p. 170;   C.S.Supp.,1941, § 8-1,133;   R.S.1943, § 8-198;   Laws 1963, c. 29, § 112, p. 181;  Laws 2017, LB140, § 109.  Annotations This section does not constitute an unlawful delegation of judicial power to an executive department of government. Department of Banking v. Hedges, 136 Neb. 382, 286 N.W. 277 (1939).
NE Code § 8-1,113 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,113 - Insolvent banks; liquidation expenses; allocation; certification.

8-1,113.  Insolvent banks; liquidation expenses; allocation; certification.The director shall from time to time allocate to the various banks in liquidation the expenses of the department by reason of such liquidation, other than the compensation and expense of the special deputy or assistant in charge and the fees for legal services directly incident to the bank in liquidation. The director shall certify to the various district courts of the counties in which the banks in process of liquidation are located the amount of the expenses allocated, which shall be taxed and paid as costs in the liquidation.Source   Laws 1933, c. 18, § 57, p. 164;   C.S.Supp.,1941, § 8-1,128;   R.S.1943, § 8-199;   Laws 1963, c. 29, § 113, p. 181;  Laws 2017, LB140, § 110.
NE Code § 8-1,115 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,115 - Insolvent banks; liquidation; reports to district court; dissolution of bank; cancellation of charter.

8-1,115.  Insolvent banks; liquidation; reports to district court; dissolution of bank; cancellation of charter.The director shall from time to time make and file with the clerk of the district court of the county in which the main office of the insolvent bank is located a report of his or her acts of liquidation of each insolvent bank. He or she shall, upon the completion of the liquidation, file a final report, notice of which shall be given as the court may direct, and on hearing thereon and approval thereof by the court such liquidation shall be declared closed and the corporation dissolved. The director shall then cancel the charter issued to such bank pursuant to section 8-122.Source   Laws 1933, c. 18, § 68, p. 170;   C.S.Supp.,1941, § 8-1,132;   R.S.1943, § 8-1,101;   Laws 1963, c. 29, § 115, p. 182;  Laws 2017, LB140, § 111.  Annotations This section does not constitute an unlawful delegation of judicial power to an executive department of government. Department of Banking v. Hedges, 136 Neb. 382, 286 N.W. 277 (1939).
NE Code § 8-1,116 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,116 - Insolvent banks; stockholders; restoration of solvency; conditions.

8-1,116.  Insolvent banks; stockholders; restoration of solvency; conditions.After the department has taken possession of any bank under the Nebraska Banking Act, the stockholders of the bank may repair its credit, restore or substitute its reserves, and otherwise place it in safe condition. Such bank shall not be permitted to reopen its business until the director, after careful investigation of its affairs, is of the opinion that its stockholders have complied with the law, that the bank's credit and funds are in all respects repaired, that its reserves are restored or are sufficiently substituted, and that it should be permitted again to reopen for business, at which time the director may issue written permission for resumption of business under its charter.Source   Laws 1909, c. 10, § 50, p. 91;   R.S.1913, § 330;   Laws 1919, c. 190, tit. V, art. XVI, § 51, p. 706;   Laws 1921, c. 297, § 5, p. 951;   C.S.1922, § 8031;   C.S.1929, § 8-197;   Laws 1931, c. 20, § 1, p. 92;   Laws 1933, c. 18, § 61, p. 166;   Laws 1941, c. 14, § 2, p. 93;   C.S.Supp.,1941, § 8-197;   R.S.1943, § 8-1,102;   Laws 1963, c. 29, § 116, p. 182;   Laws 1987, LB 2, § 18;   Laws 1998, LB 1321, § 24;  Laws 2017, LB140, § 112.  Annotations  Under this section, power to assess fully paid-up capital stock of a state bank to recoup losses or to restore depleted capital was committed to the directors of the bank upon authority from the stockholders, and fund voluntarily raised by stockholders and used by a holding company in eliminating bad paper and maintaining reserve is not an assessment. State ex rel. Spillman v. Citizens State Bank of Chadron, 115 Neb. 776, 214 N.W. 933 (1927). Directors are not empowered to levy assessment where bank not taken over by Department of Banking, and stockholders have not authorized same. McMillan v. Chadron State Bank, 115 Neb. 767, 214 N.W. 931 (1927). Directors have power to levy assessment only where stockholders have exercised their option to repair capital, restore reserves, and continue business, rather than to liquidate. Citizens State Bank of Stratton v. Strayer, 114 Neb. 567, 208 N.W. 662 (1926).
NE Code § 8-1,117 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,117 - Banks; impaired capital; assessments on stock to restore; preferred stock excepted.

8-1,117.  Banks; impaired capital; assessments on stock to restore; preferred stock excepted.If the capital of a bank becomes impaired, whether the department has taken possession of the bank or not, and if stockholders representing eighty-five percent or more of the common capital stock of the bank, with a view of restoring the impaired capital, shall, with the approval of the department, authorize the board of directors of the bank to levy and collect assessments on the common capital stock in such amount as the board of directors may determine necessary for such purpose, the board of directors shall levy the assessments so authorized and shall notify all common stockholders of record of the assessments by either registered or certified mail. If any common stockholder fails to pay his or her assessment within three weeks from the date of mailing such notice, the pro rata amount of such assessment shall be a lien upon his or her common capital stock and the board of directors shall immediately sell such shares of common capital stock at public or private sale without further notice and apply the proceeds of the sale to the payment of such assessment. Any balance shall be paid to the delinquent shareholder. Nothing in this section shall be construed to authorize the levy and collections of assessments on the preferred capital stock of the bank.Source   Laws 1909, c. 10, § 50, p. 91;   R.S.1913, § 330;   Laws 1919, c. 190, tit. V, art. XVI, § 51, p. 706;   Laws 1921, c. 297, § 5, p. 951;   C.S.1922, § 8031;   C.S.1929, § 8-197;   Laws 1931, c. 20, § 1, p. 92;   Laws 1933, c. 18, § 61, p. 166;   Laws 1941, c. 14, § 2, p. 93;   C.S.Supp.,1941, § 8-197;   R.S.1943, § 8-1,103;   Laws 1963, c. 29, § 117, p. 182;  Laws 2017, LB140, § 113.
NE Code § 8-1,118 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,118 - Insolvent banks; restoration of solvency; reopening for limited business; conditions; costs; new deposits treated as a trust fund; expenses.

8-1,118.  Insolvent banks; restoration of solvency; reopening for limited business; conditions; costs; new deposits treated as a trust fund; expenses.If the director, with a view to restoring the solvency of any bank which the department has taken possession of pursuant to law, approves a contract or plan whereby the bank is permitted to receive deposits and pay checks and do a limited banking business, entered into between the unsecured depositors and unsecured creditors representing eighty-five percent or more of the total amount of deposits and unsecured claims of such bank on the one hand and the bank or its board of directors on the other, all other depositors and unsecured creditors shall be held subject to such agreement to the same extent and with the same effect as if they had joined in the execution of the agreement, and their claims shall be treated in all other respects as if they had joined in the execution of such agreement in the event such bank is permitted to reopen for business as limited by such contract. All deposits received after the adoption of such plan and the assets of the bank created thereby, and before the restoration of the bank to solvency, shall be a trust fund for the security and the repayment of the deposits so received and shall not be subject to the payment of any deposit, debt, claim, or demand of the bank previously created. Such money and assets shall be kept and invested in the manner directed by the director. Section 8-138 does not apply to banks operating under this section. Any county, city, village, township, or school district through its governing body, and the state through the Governor, may enter into such contract except when the funds of such county, city, village, township, or school district are adequately secured. Whenever a bank is permitted to operate under the provisions of this section, such bank shall pay all costs incurred by the department in the approval of such plan, including examiners' expenses, attorneys' fees, and clerk hire, and incurred in special examinations required by the director.Source   Laws 1933, c. 16, § 1, p. 128;   C.S.Supp.,1941, § 8-1,121;   R.S.1943, § 8-1,110;   Laws 1963, c. 29, § 118, p. 183;  Laws 2003, LB 217, § 8;  Laws 2017, LB140, § 114.  Annotations  Judicial notice taken of general condition existing which, by this act, was sought to be remedied. State ex rel. Nebraska State Bar Assn. v. Bachelor, 139 Neb. 253, 297 N.W. 138 (1941). Approval of plan of restricted operation does not restrict right of Department of Banking to liquidate insolvent bank. Farmers State Bank of Clarks v. Luikart, 131 Neb. 692, 269 N.W. 627 (1936). Status of claim of sureties for village deposit made in bank prior to being allowed to reopen for a limited banking business under this section discussed. Shumway v. Department of Banking, 131 Neb. 246, 267 N.W. 469 (1936).
NE Code § 8-1,119 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,119 - Violations; general penalty.

8-1,119.  Violations; general penalty.Where no other punishment is provided in the Nebraska Banking Act, any person violating any provision of the act is guilty of a Class III misdemeanor.Source   Laws 1909, c. 10, § 61, p. 95;   R.S.1913, § 341;   Laws 1919, c. 190, tit. V, art. XVI, § 61, p. 710;   C.S.1922, § 8041;   C.S.1929, § 8-1,104;   R.S.1943, § 8-1,107;   Laws 1963, c. 29, § 119, p. 184;   Laws 1977, LB 40, § 53;   Laws 1987, LB 2, § 19;   Laws 1998, LB 1321, § 25;  Laws 2017, LB140, § 115.
NE Code § 8-1,124 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,124 - Emergencies; terms, defined.

8-1,124.  Emergencies; terms, defined.As used in sections 8-1,124 to 8-1,129, unless the context otherwise requires:(1) Emergency means any condition or occurrence, actual or threatened, which interferes physically with the conduct of normal business operations at one or more or all of the offices of a financial institution, or which poses an imminent or existing threat to the safety or security of persons or property, or both, including, but not limited to, fire, flood, earthquake, hurricane, wind, rain, snow storm, labor dispute and strike, power failure, transportation failure, interruption of a communication facility, shortage of fuel, housing, food, transportation, or labor, robbery or attempted robbery, actual or threatened enemy attack, epidemic or other catastrophe, riot, civil commotion, and any other act of lawlessness or violence, actual or threatened;(2) Financial institution means a bank, savings bank, building and loan association, savings and loan association, credit union, or trust company, or any office thereof, chartered by the department;(3) Office means any place at which a financial institution transacts its business or conducts operations related to its business; and(4) Officers means the person or persons designated by the board of directors, supervisory committee, or other governing body of a financial institution, to act for such financial institution in an emergency or, in the absence of any such designation or of such officer or officers, the president or any other officer in charge of such financial institution or of such office or offices.Source   Laws 1971, LB 523, § 1;  Laws 2017, LB140, § 116.
NE Code § 8-1,125 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,125 - Emergencies; proclamation; director; effect; temporary office.

8-1,125.  Emergencies; proclamation; director; effect; temporary office.(1) Whenever the director is of the opinion that an emergency exists, or is impending, he or she may, by proclamation, authorize any financial institution located in the affected area to close any or all of its offices. In addition, if the director is of the opinion that an emergency exists, or is impending, which affects, or may affect, a particular financial institution, or a particular office of such financial institution, but not banks located in the area generally, he or she may authorize the particular financial institution or office of the financial institution affected to close. Any office so closed shall remain closed until the director proclaims that the emergency has ended or until such time as the officers of the financial institution determine that one or more offices closed because of the emergency should reopen, whichever occurs first, and, in either event, for such further time thereafter as may reasonably be required to reopen.(2)(a) Whenever the director authorizes a financial institution to close pursuant to subsection (1) of this section or to remain closed pursuant to section 8-1,126, he or she, in writing, may further authorize the financial institution to open a temporary office at a designated location for the period of time during which the financial institution or office is to remain closed, subject to extensions requested by the financial institution and authorized by the director, except that in no event may the director authorize a temporary office to operate for a total period of longer than thirty months.(b) The director may authorize a financial institution to open a temporary office after consideration of (i) the ability of the financial institution to conduct its business in the area where the financial institution or the office of the financial institution was closed without opening a temporary office and (ii) the proximity of the financial institution or office of the financial institution to the proposed temporary office.(c) The director may authorize a mobile branch to operate as a temporary office for any closed office of a financial institution other than its main office.(d) The director may orally authorize a financial institution to open a temporary office to operate for a period no longer than four business days.Source   Laws 1971, LB 523, § 2;  Laws 2017, LB140, § 117.
NE Code § 8-1,126 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,126 - Emergencies; officers; powers.

8-1,126.  Emergencies; officers; powers.Whenever the officers of a financial institution are of the opinion that an emergency exists, or is impending, which affects, or may affect, one or more or all of a financial institution's offices, they shall have the authority, in the reasonable and proper exercise of their discretion, to determine not to open any one or more or all of such offices on any business or banking day or, if having opened, to close any one or more or all of such offices during the continuation of such emergency, even if the director has not issued and does not issue a proclamation of emergency. Any such closed office may remain closed until such time as the officers determine that the emergency has ended, and for such further time thereafter as may reasonably be required to reopen. In no case shall such office remain closed for more than forty-eight consecutive hours, excluding other legal holidays, without requesting the approval of the director pursuant to section 8-1,125.Source   Laws 1971, LB 523, § 3;  Laws 2017, LB140, § 118.
NE Code § 8-1,127 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,127 - Emergency; proclamation; President of United States; Governor; effect.

8-1,127.  Emergency; proclamation; President of United States; Governor; effect.The officers of a financial institution may close any one or all of the financial institution's offices on any day, designated by proclamation of the President of the United States or the Governor, as a day or days of mourning, rejoicing, or other special observance.Source   Laws 1971, LB 523, § 4;  Laws 2017, LB140, § 119.
NE Code § 8-1,128 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,128 - Emergency; closing; notice; contents.

8-1,128.  Emergency; closing; notice; contents.A financial institution closing an office pursuant to the authority granted under section 8-1,126 shall give as prompt notice of its action as conditions will permit and by any means available, to the director.Source   Laws 1971, LB 523, § 5;  Laws 2017, LB140, § 120.