reglab/housing_qa huggingface dataset:
NE Code § 8-193 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-193 - Banks; redelivery of possession; bond; departmental supervision; repossession by department.

8-193.  Banks; redelivery of possession; bond; departmental supervision; repossession by department.Whenever the officers, directors, stockholders, or owners of any insolvent bank give good and sufficient bond running to the department with an incorporated surety company authorized by the laws of this state to transact such business, conditioned upon the full settlement of all the liabilities of such bank by such officers, directors, stockholders, or owners within a stated time, and the bond is approved by the director, then the department shall turn over all the assets of such bank to the officers, directors, stockholders, or owners of the bank furnishing the bond, reserving the same right to require report of the condition and to examine into the affairs of the bank as existed in the department previous to its closing. If, upon such examination, it is found by the department that the officers, directors, stockholders, or owners are not closing up the affairs of the bank in such manner as to discharge its liabilities and to close up its affairs in a manner satisfactory to the department within a reasonable time, the department shall take immediate possession of the bank for liquidation under the Nebraska Banking Act.Source   Laws 1919, c. 190, tit. V, art. XVI, § 8, p. 688;   C.S.1922, § 7989;   Laws 1923, c. 191, § 13, p. 444;   C.S.1929, § 8-189;   Laws 1933, c. 18, § 51, p. 161;   C.S.Supp.,1941, § 8-189;   R.S.1943, § 8-179;   Laws 1963, c. 29, § 93, p. 171;   Laws 1987, LB 2, § 13;   Laws 1998, LB 1321, § 18;  Laws 2017, LB140, § 90.  Annotations Agreement between stockholders of bank and its depositors and creditors under which bank officers were to liquidate bank does not contravene statute where Department of Banking accepted bank officers' joint and several liability in lieu of surety bond. Department of Banking v. Walker, 131 Neb. 732, 269 N.W. 907 (1936).
NE Code § 8-195 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-195 - Insolvent banks; possession by department; petition to enjoin; show cause order; findings by district court; disposition of case.

8-195.  Insolvent banks; possession by department; petition to enjoin; show cause order; findings by district court; disposition of case.Whenever any bank of whose property and business the department has taken possession or whose insolvency has been declared under section 8-194 deems itself aggrieved by such actions, it may, at any time not later than ten days after such declaration of insolvency has been filed with the clerk of the district court of the county in which the main office of the bank is located, petition the district court to enjoin further proceedings. The court, after citing the Director of Banking and Finance to show cause why further proceedings should not be enjoined, hearing the allegations and proofs of the parties, and determining the facts, may, upon proof by the bank, its officers, or its directors that it is solvent, that the business of the bank has been and is being conducted as provided by law, that it is not endangering the interests of its depositors and other creditors, and that the Director of Banking and Finance has acted arbitrarily and abused his or her discretion either by taking possession of the bank or by finding and declaring the bank to be insolvent and ordering its liquidation, set aside such declaration of insolvency and enjoin the director from proceeding further, and direct him or her to surrender the business and property to the bank. On proof that the bank is insolvent and that its stockholders or owners have failed to restore solvency as provided by law, or that the bank is being operated in violation of law, and that the director has acted within his or her powers, the petition shall be dismissed by the court.Source   Laws 1929, c. 38, § 10, p. 162;   C.S.1929, § 8-190;   Laws 1933, c. 18, § 53, p. 162;   Laws 1935, c. 16, § 1, p. 89;   C.S.Supp.,1941, § 8-190;   R.S.1943, § 8-181;   Laws 1963, c. 29, § 95, p. 172;  Laws 2017, LB140, § 92.  Annotations In a proceeding by a state bank hereunder, the bank has burden to establish that a declaration of insolvency under section 8-194 was erroneous. Elm Creek State Bank v. Department of Banking, 191 Neb. 584, 216 N.W.2d 883 (1974).
NE Code § 8-196 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-196 - Insolvent banks; liquidation; injunction; appeal; bond.

8-196.  Insolvent banks; liquidation; injunction; appeal; bond.An appeal under section 8-195 shall operate as a stay of judgment of the district court, and no bond need be given if the appeal is taken by the director. If the appeal is taken by the bank, a bond shall be given as required by law for an appeal in civil cases.Source   Laws 1933, c. 18, § 53, p. 162;   Laws 1935, c. 16, § 1, p. 89;   C.S.Supp.,1941, § 8-190;   R.S.1943, § 8-182;   Laws 1963, c. 29, § 96, p. 172;   Laws 1991, LB 732, § 13;  Laws 2017, LB140, § 93.
NE Code § 8-198 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-198 - Financial institutions; designation of receiver and liquidating agent; department; powers.

8-198.  Financial institutions; designation of receiver and liquidating agent; department; powers.The department may be designated the receiver and liquidating agent for any financial institution chartered by the department and, subject to the district court's supervision and control, may proceed to liquidate such financial institution or reorganize it in accordance with the Nebraska Banking Act.Source   Laws 1929, c. 38, § 11, p. 163;   C.S.1929, § 8-192;   Laws 1933, c. 18, § 52, p. 162;   Laws 1941, c. 9, § 1, p. 79;   Laws 1941, c. 180, § 1, p. 700;   C.S.Supp.,1941, § 8-192;   R.S.1943, § 8-184;   Laws 1963, c. 29, § 98, p. 174;   Laws 1985, LB 653, § 7;   Laws 1998, LB 1321, § 20;  Laws 2017, LB140, § 95.  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). Under 1929 act, Department of Banking was ineligible to be appointed judicial receiver as it is not a qualified legal entity. State ex rel. Sorensen v. Hoskins State Bank, 132 Neb. 878, 273 N.W. 834 (1937). Under 1929 act, the appointment of a receiver was a judicial act to be performed by the courts. State ex rel. Sorensen v. Nebraska State Bank, 124 Neb. 449, 247 N.W. 31 (1933). Under 1929 act, this section in a judicial proceeding amounted to no more than a legislative recommendation to the judiciary to appoint secretary as receiver. State ex rel. Sorensen v. State Bank of Minatare, 123 Neb. 109, 242 N.W. 278 (1932).
NE Code § 8-199 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-199 - Financial institutions; department as receiver; powers; no compensation to director.

8-199.  Financial institutions; department as receiver; powers; no compensation to director.Whenever the department has been designated receiver for a financial institution chartered by the department, the department shall have all the powers and privileges provided by the laws of this state with respect to any other receiver and such incidental powers as shall be necessary to carry out an orderly and efficient liquidation or reorganization of any such financial institution for which the department may have become receiver, either by operation of law or by judicial appointment. Acting by and through the director, the department may in its own name as such receiver enforce on behalf of such financial institution or its creditors, shareholders, or owners, by actions at law or in equity, all debts or other obligations of whatever kind or nature due to such financial institution or the creditors or shareholders thereof. In like manner, the department may make, execute, and deliver any and all deeds, assignments, and other instruments necessary and proper to effectuate any sale of real or personal property, or the settlement of any obligations belonging or due to such financial institution for which the department may have become receiver, or its creditors, shareholders, or owners, when such sale or settlement is approved by the district court of the county in which the main office of such financial institution is located. The director shall receive no fees, salary, or other compensation for his or her services in connection with the liquidation or reorganization of such financial institutions other than his or her salary.Source   Laws 1941, c. 9, § 1, p. 79;   Laws 1941, c. 180, § 1, p. 700;   C.S.Supp.,1941, § 8-192;   R.S.1943, § 8-185;   Laws 1963, c. 29, § 99, p. 174;   Laws 1985, LB 653, § 8;  Laws 2017, LB140, § 96.  Annotations  In the absence of an allegation of an individual harm upon which a claimant can directly bring suit, claims are derivative and are properly pursued by the receiver under section 8-199 (Reissue 1983). Weimer v. Amen, 235 Neb. 287, 455 N.W.2d 145 (1990). Section 8-199 (Reissue 1983) does not unconstitutionally deny access to the courts, violate due process, nor take property for a public purpose without just compensation. Weimer v. Amen, 235 Neb. 287, 455 N.W.2d 145 (1990). Section 8-199 (Reissue 1983) granted the receiver broad authority to enforce all debts or other obligations of whatever kind or nature due to the creditors of the failed institution which arose by virtue of the institution's insolvency. Weimer v. Amen, 235 Neb. 287, 455 N.W.2d 145 (1990).
NE Code § 8-1,100 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,100 - Insolvent banks; liquidation; special deputies, assistants, counsel; appointment; compensation; discharge.

8-1,100.  Insolvent banks; liquidation; special deputies, assistants, counsel; appointment; compensation; discharge.The director may, under his or her hand and official seal, appoint such special deputies or assistants as he or she may find necessary for the efficient and economical liquidation of insolvent banks, with powers specified in the certificate of appointment, to assist him or her in the liquidation. The certificate shall be filed with the director and a certified copy with the clerk of the district court of the county in which the main office of such bank is located. He or she may also employ such counsel and expert assistance as may be necessary to perform the work of liquidation. He or she shall, subject to the approval of the district court of the county in which the main office of the insolvent bank is located, fix the compensation for the services rendered by such special deputies, assistants, and counsel, which shall be taxed as costs of the liquidation. He or she may discharge such special deputies, assistants, or counsel at any time or may assign them to one or more liquidations or transfer them from one liquidation to another.Source   Laws 1929, c. 38, § 13, p. 163;   C.S.1929, § 8-194;   Laws 1933, c. 18, § 56, p. 164;   Laws 1933, c. 96, § 2, p. 382;   C.S.Supp.,1941, § 8-194;   R.S.1943, § 8-186;   Laws 1963, c. 29, § 100, p. 175;  Laws 2017, LB140, § 97.  Annotations  Under this section, the Director of Banking is given power to appoint deputies and assistants, with powers specified in a certificate of appointment, to assist him in the liquidation. Department of Banking v. Hedges, 136 Neb. 382, 286 N.W. 277 (1939). This section referred to in stating contentions of parties that former method of liquidating insolvent banks had been changed by 1929 act. State ex rel. Sorensen v. State Bank of Minatare, 123 Neb. 109, 242 N.W. 278 (1932).
NE Code § 8-1,101 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,101 - Insolvent banks; liquidation; special deputies, assistants; bond or insurance; conditions.

8-1,101.  Insolvent banks; liquidation; special deputies, assistants; bond or insurance; conditions.Upon the declaration of insolvency, the director shall require bonds or equivalent commercial insurance policies from the special deputies or assistants in sums and with such condition as the director shall specify, to be approved by the district court. The costs of any such bond or policy shall be taxed as costs in the liquidation. Such bond or policy shall be conditioned for the faithful performance of duty, and include indemnity to the department as receiver and liquidating agent.Source   Laws 1929, c. 38, § 14, p. 164;   C.S.1929, § 8-195;   Laws 1933, c. 18, § 60, p. 165;   C.S.Supp.,1941, § 8-195;   R.S.1943, § 8-187;   Laws 1963, c. 29, § 101, p. 175;  Laws 2004, LB 884, § 6;  Laws 2017, LB140, § 98.
NE Code § 8-1,102 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,102 - Insolvent banks; department as receiver and liquidating agent; liens dissolved; assets; transfers to defraud creditors; preferences.

8-1,102.  Insolvent banks; department as receiver and liquidating agent; liens dissolved; assets; transfers to defraud creditors; preferences.Upon the declaration of insolvency of a bank by the director, the department shall become the receiver and liquidating agent to wind up the business of that bank, and the department shall be vested with the title to all of the assets of such bank wherever the assets may be situated and whatever kind and character such assets may be, as of the date of the filing of the declaration of insolvency with the clerk of the district court of the county in which the main office of such bank is located. All levies, judgment liens, attachments, or other liens obtained through legal proceedings against such bank or its property acquired within sixty days next preceding the filing of the declaration of insolvency shall be void, and the property affected by the levy, judgment lien, attachment, or other lien obtained through legal proceedings, shall be wholly discharged and released therefrom. If at any time within sixty days prior to the taking over by the director of a bank which is later declared insolvent any transfers of the assets of such bank are made to prevent liquidation and distribution of such assets to the bank's creditors as provided in the Nebraska Banking Act or if any transfers are made so as to create a preference of one creditor over another, such transfers shall be void and the director shall be entitled to recover such assets for the benefit of the trust.Source   Laws 1933, c. 18, § 54, p. 163;   C.S.Supp.,1941, § 8-1,127;   R.S.1943, § 8-188;   Laws 1963, c. 29, § 102, p. 176;   Laws 1987, LB 2, § 15;   Laws 1998, LB 1321, § 21;  Laws 2017, LB140, § 99.
NE Code § 8-1,103 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,103 - Insolvent banks; liquidation; Director of Banking and Finance; powers.

8-1,103.  Insolvent banks; liquidation; Director of Banking and Finance; powers.For the purpose of executing and performing any of the powers and duties hereby conferred upon him or her, the director may, in the name of the department or the insolvent bank or in his or her own name as director, prosecute and defend any and all actions and other legal proceedings and may, in the name of the department or the insolvent bank or in his or her own name as director, execute, acknowledge, and deliver any and all deeds, assignments, releases, and other instruments necessary and proper to effectuate any sale of real or personal property or sale or compromise authorized by order of the court as provided in the Nebraska Banking Act. Any deed or other instrument executed pursuant to such authority shall be valid and effectual for all purposes as though the same had been executed by the officers of the insolvent bank by authority of its board of directors.Source   Laws 1933, c. 18, § 58, p. 165;   C.S.Supp.,1941, § 8-1,129;   R.S.1943, § 8-189;   Laws 1963, c. 29, § 103, p. 176;   Laws 1987, LB 2, § 16;   Laws 1998, LB 1321, § 22;  Laws 2017, LB140, § 100.  Annotations Department of Banking is a legal entity entitled to sue and defend under this section. Department of Banking v. Hedges, 136 Neb. 382, 286 N.W. 277 (1939).
NE Code § 8-1,104 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,104 - Insolvent banks; liquidation; director; collection of debts; sale or compromise of certain debts; procedure; deposit or investment of funds.

8-1,104.  Insolvent banks; liquidation; director; collection of debts; sale or compromise of certain debts; procedure; deposit or investment of funds.Upon taking possession of the property and business of any bank, the director shall collect all money due to such bank and do such other acts as are necessary to conserve its assets and business and, on declaration of insolvency, he or she shall proceed to liquidate the affairs of the bank under the Nebraska Banking Act. He or she shall collect all debts due to and belonging to the bank. If he or she desires to sell or compromise any or all bad or doubtful debts or any or all of the real and personal property of such bank, he or she shall apply to the district court of the county in which the main office of the bank is located for an order permitting such sale or compromise on such terms and in such manner as the court may direct. All money so collected by the director may be, from time to time, deposited in one or more state banks or national banks. No deposits of such money shall be made unless a pledge of assets, a guaranty bond, or both are given as security for such deposit. All depository banks are authorized to give such security. The director may invest a portion or all of such money in short-time interest-bearing securities of the federal government.Source   Laws 1933, c. 18, § 67, p. 169;   C.S.Supp.,1941, § 8-1,131;   R.S.1943, § 8-190;   Laws 1963, c. 29, § 104, p. 177;   Laws 1987, LB 2, § 17;   Laws 1998, LB 1321, § 23;  Laws 2017, LB140, § 101.  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 § 8-1,105 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,105 - Insolvent banks; reorganization or liquidation proceedings; district judge; jurisdiction.

8-1,105.  Insolvent banks; reorganization or liquidation proceedings; district judge; jurisdiction.In any proceeding in connection with the insolvency, liquidation, or reorganization of a bank of which a district court has jurisdiction, a judge of the district court shall exercise such jurisdiction in any county in the judicial district for which he or she was appointed to perform any official act in the manner and with the same effect as he or she might exercise in the county in which the matter arose, or to which it may have been transferred, and he or she may perform any such act in chambers with the same effect as in open court.Source   Laws 1925, c. 30, § 16, p. 131;   C.S.1929, § 8-191;   Laws 1933, c. 18, § 55, p. 163;   C.S.Supp.,1941, § 8-191;   R.S.1943, § 8-191;   Laws 1963, c. 29, § 105, p. 178;  Laws 2017, LB140, § 102.  Annotations  Powers of district judge may be exercised at chambers. Mueller v. Keeley, 163 Neb. 613, 80 N.W.2d 707 (1957). Under this section, jurisdiction is conferred upon a judge of the district court to act in chambers in connection with the insolvency, liquidation, or reorganization of a bank with the same effect as in open court. Department of Banking v. Hedges, 136 Neb. 382, 286 N.W. 277 (1939). Appointment of receiver and judicial determination of deficiency of assets does not vest court appointing receiver with exclusive jurisdiction to try an equity suit for purpose of determining liability of stockholders. Parker v. Luehrmann, 126 Neb. 1, 252 N.W. 402 (1934). Section sustained as constitutional, and suit for accounting brought by depositor against receiver of bank and state banking officials is a proceeding which may be tried in chambers under this section. Morrill County v. Bliss, 125 Neb. 97, 249 N.W. 98 (1933). This section referred to in stating contentions of parties that former method of liquidating insolvent banks had been changed by 1929 act. State ex rel. Sorensen v. State Bank of Minatare, 123 Neb. 109, 242 N.W. 278 (1932). On order to show cause, filed by bank receiver in district court of county where receivership proceedings are pending, court has jurisdiction, at chambers in another county, to adjudicate whether possession of land should be surrendered to receiver. State ex rel. Spillman v. Neligh State Bank, 116 Neb. 858, 219 N.W. 392 (1928).
NE Code § 8-1,106 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1,106 - Insolvent banks; claims; filing; time limit.

8-1,106.  Insolvent banks; claims; filing; time limit.The director, within twenty days after the declaration of insolvency of a bank, shall file with the clerk of the district court of the county in which the main office of such bank is located, a list setting forth the name and address of each of the creditors of such bank as shown by the books thereof or who are known by the director to be creditors, and within thirty days after filing the list of creditors, he or she shall also file an order fixing the time and place for filing claims against such bank. The time fixed for filing claims shall not be more than sixty days nor less than thirty days from the date of the filing of the order, and within seven days after the filing of such order, the director shall mail to each known creditor of such bank a copy of the order and a blank form for proof of claim. The director shall also post a copy of the order on the door of the bank, and within two weeks from the date of the order he or she shall cause notice to be given by publication, in such newspapers as he or she may direct, once each week for two successive weeks, calling on all persons who may have claims against the bank to present them to the director within the time and the place provided for in the order and to make proof thereof. Such claims shall be sworn to by the creditor or his or her representative. Any claim, other than claims for deposits and exchange, not presented and filed within the time fixed by such order shall be forever barred. Claims for deposits or exchange as shown by the books of the bank presented after the expiration of the time fixed in the order for filing claims may be allowed by the director upon a showing being made by the creditor, within six months from the date of the expiration of the time for filing claims as fixed by the order, that he or she did not have knowledge of the closing of the bank and did not receive notice within time to permit the filing of his or her claim before the time fixed for filing claims had expired.Source   Laws 1923, c. 191, § 21, p. 448;   C.S.1929, § 8-198;   Laws 1933, c. 18, § 62, p. 167;   C.S.Supp.,1941, § 8-198;   R.S.1943, § 8-192;   Laws 1963, c. 29, § 106, p. 178;  Laws 2017, LB140, § 103.  Annotations  Section applies not only to depositor's claims but to all claims against assets in hands of receiver, and allowance of claim constitutes judgment. State ex rel. Spillman v. Platte Valley State Bank, 128 Neb. 562, 259 N.W. 643 (1935). Special time limit for filing claims against insolvent state bank will be applied to bar claims only when the record affirmatively shows compliance with statutory procedure and conditions. State ex rel. Spillman v. State Bank of Papillion, 119 Neb. 525, 232 N.W. 585 (1930). Duty of receiver to pay taxes before depositors whether claim for taxes filed or not, notwithstanding order of court barring claims not filed. State ex rel. Spillman v. Ord State Bank, 117 Neb. 189, 220 N.W. 265 (1928).