If you are looking to rid yourself of holiday debt by filing bankruptcy, that is not a good financial resolution. The 90 day presumption is prior to filing bankruptcy, a debtor knows what he or she can not afford to purchase. When filing bankruptcy, the Court looks at all credit card, bank statements and pay stubs to determine if your case is honest and forthright. If it is determined your debt exceeds your income, you will be able to proceed. However, if prior to filing you purchase luxury items i.e. holiday purchase. The Creditor has a right to object to the elimination of the debt because it was not created out of necessity but luxury. Excluding the debt from being eliminated in bankruptcy and requiring you to pay the Creditor.
Please do not consider this post legal advise. If you need assistance filing bankruptcy in Wyoming please contact us at 307.228.0407 or jhishaw@hishawlaw.com.
