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S 61 111th Congress Senate

Helping Families Save Their Homes in Bankruptcy Act of 2009

Official title: A bill to amend title 11 of the United States Code with respect to modification of certain mortgages on principal residences, and for other purposes.

Introduced: January 6, 2009 Introduced by: Durbin, Richard J. Democratic · Illinois See on congress.gov
Finance and Financial Sector BankruptcyConsumer creditHousing finance and home ownership
This bill died when the 111th Congress ended
It never became law before the 111th Congress (2009–2010) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jan 6, 2009
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S66)
Jan 6, 2009
Sponsor introductory remarks on measure. (CR S64-66)
Jan 6, 2009
Introduced in Senate
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 Latest action January 6, 2009

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S66)

 Plain-English summary Congressional Research Service

Helping Families Save their Homes in Bankruptcy Act of 2009 - Amends federal bankruptcy law governing a Chapter 13 debtor (adjustment of debts of an individual with regular income). Excludes from computation of debts the secured or unsecured portions of: (1) debts secured by the debtor's principal residence if the current value of that residence is less than the secured debt limit; or (2) debts secured or formerly secured by debtor's principal residence that was either sold in foreclosure or surrendered to the creditor if the current value of such real property is less than the secured debt limit.

Declares the credit counseling requirement inapplicable to a Chapter 13 debtor who certifies that he or she has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on the debtor's principal residence.

Requires the court to disallow a claim that is subject to any remedy for damages or rescission due to violations of state or federal consumer protection law, including the Truth in Lending Act, notwithstanding the prior entry of a foreclosure judgment.

Allows modification of the rights of claim holders, in the event of a foreclosure notice for a chapter 13 debtor, among other means by: (1) reducing a claim to equal the value of the debtor's interest in the residence securing such claim, and any adjustments to a related adjustable rate of interest; (2) waiving early repayment or prepayment penalties; and (3) extending the repayment period.

Denies debtor liability for certain fees and charges incurred while the bankruptcy case is pending and arising from a debt secured by the debtor's principal residence, unless the claim holder observes specified requirements.

Adds to conditions for court confirmation of a plan in bankruptcy that: (1) the holder of a claim secured by the debtor's principal residence retain the lien securing the claim until the later of the payment of such claim as reduced and modified or the discharge of a debtor from all debts; and (2) the plan modifies the claim in good faith.

Excludes from final discharge of a debtor from all debts: (1) any payments to claim holders whose rights are modified under this Act; and (2) any unpaid portion of a claim as reduced.

 Related & companion bills 2
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
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APA
U.S. Congress. (2026). S. 61: Helping Families Save Their Homes in Bankruptcy Act of 2009. 111th Congress. Open America. https://openamerica.io/bill/111-S-61/
MLA
"S. 61: Helping Families Save Their Homes in Bankruptcy Act of 2009." 111th Congress, 2026, Open America, https://openamerica.io/bill/111-S-61/.
Bluebook (legal)
S. 61, 111th Cong. (2026), https://openamerica.io/bill/111-S-61/.
Markdown link
[S. 61: Helping Families Save Their Homes in Bankruptcy Act of 2009](https://openamerica.io/bill/111-S-61/)
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