Medical Bankruptcy Fairness Act of 2021

Medical Bankruptcy Fairness Act of 2021

This bill allows medically distressed debtors to exempt certain property from their estates in bankruptcy, which allows them to retain ownership of such property. Specifically, a medically distressed debtor may exempt up to $250,000 of the debtor's interest in (1) specified real or personal property that the debtor or debtor's dependent uses as a residence, or (2) a burial plot for the debtor or debtor's dependent.

The bill also waives certain administrative and procedural requirements for a medically distressed debtor.

Additionally, the bill allows a medically distressed debtor to discharge in bankruptcy debts for certain education loans.

A debtor who seeks relief as a medically distressed debtor must attest in writing that the debtor's medical expenses are genuine and were not incurred to bring the debtor within the meaning of a medically distressed debtor under this bill.