To exempt debtors whose financial problems were caused by serious medical problems from means testing.

SA 28. Mr. KENNEDY proposed an amendment to the bill S. 256, to amend
title 11 of the United States Code, and for other purposes; as follows:

On page 19, between lines 13 and 14, insert the following:
``(8)(A) No judge, United States trustee (or bankruptcy
administrator, if any), trustee, or other party in interest
may file a motion under paragraph (2) if the debtor is a
medically distressed debtor.
``(B) In this paragraph, the term `medically distressed
debtor' means a debtor who, in any consecutive 12-month
period during the 3 years before the date of the filing of
the petition--
``(i) had medical expenses for the debtor, a dependent of
the debtor, or a member of the

[[Page S1953]]

debtor's household that were not paid by any third party
payor and were in excess of 25 percent of the debtor's
household income for such 12-month period;
``(ii) was a member of a household in which 1 or more
members (including the debtor) lost all or substantially all
of the member's employment or business income for 4 or more
weeks during such 12-month period due to a medical problem of
a member of the household or a dependent of the debtor; or
``(iii) was a member of a household in which 1 or more
members (including the debtor) lost all or substantially all
of the member's alimony or support income for 4 or more weeks
during such 12-month period due to a medical problem of a
person obligated to pay alimony or support.''.
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