In case you weren’t aware, Congress is currently considering a bill called the “Medical Bankruptcy Fairness Act of 2009.”
If this bill passes, it will hopefully do the following for “medically distressed debtors”:
1. Waive the means test
2. Waive the credit counseling requirement
3. Create a larger homestead exemption to help more people keep their homes.
Recent Senate hearings included testimony by Elizabeth Edwards (wife of former Sen. John Edwards) as well as a woman named Kerry Burns who lost her home because her son’s cystic fibrosis required multiple surgeries that insurance didn’t cover because of “gaps.” As a result, the Burns family lost their home.
Sen. Sheldon Whitehouse (D-RI) is supporting the bill. Sen. Jeff Sessions (R-AL), however, is opposing it claiming that it invites fiscal irresponsibility. The opposition also brought in someone from the American Enterprise Institute (a think tank in DC) whose argument was essentially that everyone should just wait for the economic recovery to solve all of these problems.
It’s unfortunate that legislation like this even needs to be passed. But that’s what happens when you start off with a horribly written (i.e., the 2005 Bankruptcy Law).
Help Stop Foreclosure Las Vegas
If you’re facing foreclosure or worried about losing your home due to medical debts or any other reason, please feel free to contact us for a free initial consultation. It’s important to work with good bankruptcy lawyers in Las Vegas, and Haines & Krieger attorneys have the experience and know-how to provide you with the necessary Las Vegas bankruptcy information to help you figure out all of your options.
The Senate Judiciary Committee has announced a November 5th markup on the Medical Bankruptcy Fairness Act of 2009 (S.1624), a bill:
Requires a debtor who seeks relief as a medically distressed debtor to attest in writing, and under penalty of perjury, that the medical expenses of the debtor are genuine, and not specifically incurred to bring the debtor within the coverage of the medical bankruptcy provisions of this Act.