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Congressional Research Service
Version 00 · Introduced in Senate · Aug 6, 2009
Medical Bankruptcy Fairness Act of 2009 - Amends federal bankruptcy law to cite circumstances under which a medically distressed debtor may elect to exempt from the property of the estate in bankruptcy up to $250,000 of the debtor's aggregate interest in specified real or personal property that the debtor (or debtor's dependent) uses as a residence, in a cooperative, or in a burial plot for the debtor or a dependent.
Revises requirements for dismissal or conversion of a Chapter 7 case to prohibit the court or specified parties in interest from filing a motion to dismiss or convert to Chapter 11 or 13 if the debtor is a medically distressed debtor.
Waives the credit counseling prerequisite for filing for relief from debt in the case of a medically distressed debtor.
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Denies a discharge in bankruptcy from any debt incurred that relates to attorneys' fees generated as a result of the debtor's filing of a Chapter 7 petition.
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.
People & committees
Sen. Whitehouse, Sheldon [D-RI] · D–RI
Legislative record
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Committee on the Judiciary. Hearings held.
Read twice and referred to the Committee on the Judiciary.
Sponsor introductory remarks on measure. (CR S9022)
Introduced in Senate
Primary sources
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Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.
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