Those calling for exemptions from new, stricter bankruptcy rules for the victims of hurricanes Katrina and Rita have their hearts in the right place, but their logic is too narrow. Unexpected expenses – because a hurricane destroys their home, they are diagnosed with cancer or they lost their job – drive many people into bankruptcy. If the laws are too stringent for hurricane victims, they are too stringent for those facing financial hardship for a variety of unforeseen, serious reasons.

Tougher bankruptcy laws, approved by Congress and signed into law by President Bush this spring, are set to take effect Oct. 17. The rules, according to their supporters, are aimed at cutting down on the number of people who fraudulently declare bankruptcy even though they have the means to pay their debts. National experts say this is a small minority of filers.

The biggest change is that those who file for Chapter 7, the type of bankruptcy that wipes out all debts, will be required to undergo a means test. If filers are found to have at least $100 left over after paying their monthly bills, they would not qualify for Chapter 7. Instead, they would have to file under Chapter 13, which requires a five-year repayment plan. In addition, all Chapter 7 filers would have to undergo credit counseling, a good idea for those who have racked up huge credit card bills through frequent shopping sprees, but not necessary for someone who resorted to a credit card to pay medical bills.

Several Democrats in Congress have rightly noted that hurricane victims don’t necessarily need credit counseling and are likely to have a hard time compiling all the records necessary for the new means test. As a result, there are currently several proposals in Congress to exempt hurricane victims from the new bankruptcy laws. They aren’t likely to get far because by the same rationale many others forced into bankruptcy by illness or misfortune, and not profligate spending, should be exempt, too. That would gut the new law, which was pushed by credit card companies and large banks.

A Harvard University study, published in the journal Health Affairs in February, found that more than half those who filed for bankruptcy were forced to do so by medical problems. In three-quarters of cases, the debtor or spouse had the medical problem. Lessor contributors were the medical care of a child or elderly relative.

Doctor and hospital bills were the largest cause for financial problems, followed closely by drug costs and curtailed employment. In many instances, an illness or injury led to job loss which, in turn, caused a lapse in medical insurance, further increasing medical costs. Fifteen percent of those surveyed had taken out second or third mortgages to cover medical expenses.

Caught in this spiral, half of those in the Harvard study skipped medical appointments because of the cost. Forty-three percent failed to fill a prescription and 19 percent had gone without food.

Clearly, hurricane victims aren’t the only ones who need relief from these new rules.