Chapter 13
Whether Your Chapter 13 Plan Runs Three Years or Five
A Chapter 13 plan generally runs either three or five years, and income is what usually decides it. Under 11 U.S.C. § 1322(d), a plan may not provide for payments over a period longer than five years, and courts set the applicable commitment period under § 1325(b)(4) using current monthly income compared to the state median. Debt owed to priority claims and plan modification can also affect the term.
Key points
- 11 U.S.C. § 1322(d) caps a Chapter 13 plan at five years; no plan can run longer.
- The applicable commitment period under 11 U.S.C. § 1325(b)(4) is three years for debtors below the state median and five years for debtors above it.
- Court flowcharts commonly describe completion of plan payments in the month 36 to 60 range.
- A plan that promises less than full payment on certain domestic support priority claims must commit five years of projected disposable income under 11 U.S.C. § 1322(a)(4).
- Paying a plan off early is not automatic; 11 U.S.C. § 1329 governs modification of a confirmed plan, and the court's approval of a shorter or longer term has limits.
If you are looking at a Chapter 13 plan, the length is one of the first numbers you want to know, because it tells you how long money leaves your paycheck every month. The answer is usually three years or five years, and the difference is not arbitrary. It comes out of specific sections of the Bankruptcy Code, and it interacts with what you owe and what you earn.
How does the three-year or five-year rule actually work?
Two separate rules control plan length, and they do different jobs. The first is a ceiling. Under 11 U.S.C. § 1322(d), the plan may not provide for payments over a period longer than five years. That is an outer limit that applies to everyone, and a court cannot confirm a consumer plan that stretches past it.
The second is the applicable commitment period, set by 11 U.S.C. § 1325(b)(4). This is the minimum length a debtor must commit to when the plan is not paying unsecured creditors in full. It is stated as three years, or as five years when the debtor's current monthly income, combined with any spouse's income in a joint case, exceeds the applicable state median figure.
So the practical shape is a floor and a ceiling. The floor comes from income measured against the median for your state and household size. The ceiling is five years for everyone.
What changes the answer for a specific person?
Income is the main lever, but it is not the only one. The applicable commitment period in 11 U.S.C. § 1325(b)(4) turns on current monthly income measured against the median family income for your state and household size, and that figure is published and updated rather than fixed in the statute.
One category of debt overrides income entirely. Under 11 U.S.C. § 1322(a)(4), a plan may provide for less than full payment of a priority claim described in section 507(a)(1)(B), which covers certain assigned domestic support obligations, only if the plan applies all of the debtor's projected disposable income for a five-year period beginning when the first plan payment is due.
What you are trying to accomplish matters too. Curing a mortgage arrearage or paying nondischargeable taxes across more months lowers the monthly payment, which can push a plan toward the longer end even when the shorter commitment period would otherwise apply.
- Current monthly income compared with the applicable state median (11 U.S.C. § 1325(b)(4))
- Whether unsecured creditors are being paid in full
- Certain domestic support priority claims that trigger a five-year projected disposable income requirement (11 U.S.C. § 1322(a)(4))
- How much arrearage, priority tax, or secured debt is being cured or paid through the plan
What does federal law actually say about plan length?
The relevant provisions sit close together in chapter 13 of title 11. Section 1322(d) sets the five-year outer limit on the payment period. Section 1325(b)(4) defines the applicable commitment period as three years, or not less than five years where income exceeds the applicable median, and adds that a period shorter than three or five years may be permitted only if the plan provides for payment in full of all allowed unsecured claims over a shorter period.
Section 1329 governs what happens after confirmation. A confirmed plan may be modified to extend or reduce the time for payments, but § 1329(c) says a modified plan may not provide for payments beyond the applicable commitment period after the first payment under the original confirmed plan was due, unless the court for cause approves a longer period, and the court may not approve a period expiring more than five years after that time.
| Provision | What it does |
|---|---|
| 11 U.S.C. § 1322(d) | Caps the payment period; no plan may run longer than five years |
| 11 U.S.C. § 1325(b)(4) | Sets the applicable commitment period at three years, or five where income exceeds the applicable median |
| 11 U.S.C. § 1322(a)(4) | Requires five years of projected disposable income for less-than-full payment of certain § 507(a)(1)(B) priority claims |
| 11 U.S.C. § 1329(c) | Limits how far a post-confirmation modification can extend the payment period |
Where do state or local rules change the picture?
The three-and-five framework is federal and does not change from state to state. Two things do vary, and both are worth checking before you assume anything about your own case.
The first is the median income figure your commitment period is measured against. It is published per state and household size, and that is why your state hub page carries it rather than this page.
The second is local plan practice. Districts adopt their own plan forms and rules. In the District of Massachusetts, for example, D. Mass. LBR Appendix 1, Rule 13-4(c) requires that a debtor proposing payments over a period exceeding three years set forth the reasons for the longer payment period in the plan itself. Fed. R. Bankr. P. 3015(c) requires use of Official Form 113 unless the court has adopted a local form under Rule 3015.1, and districts such as the Middle District of Georgia mandate their own standard form under M.D. Ga. LBR 3015-1.
What does a three-year or five-year plan look like in practice?
Court materials for people filing without a lawyer describe the shape of the case. The Middle District of Alabama's chapter 13 flowchart places completion of all payments under the confirmed plan at month 36 to 60, and the Southern District of Illinois flowchart uses the same range. The District of Minnesota's flowchart tells debtors that the length of a Chapter 13 plan varies but typically lasts between three and five years.
Payments start well before confirmation. Under 11 U.S.C. § 1326(a)(1), unless the court orders otherwise, the debtor must commence making payments not later than 30 days after the date of the filing of the plan or the order for relief, whichever is earlier. The trustee holds those payments until the plan is confirmed or confirmation is denied.
The end of the plan is not the end of the paperwork. Court flowcharts describe a financial management course, a motion or certification about domestic support obligations, and then entry of the discharge order.
What documents and information determine the term?
The plan length is not something you assert; it falls out of documents you file. The plan itself is the central one. Fed. R. Bankr. P. 3015(b) requires a Chapter 13 debtor to file the plan with the petition or within 14 days after the petition is filed, and that time cannot be extended except for cause and on notice as the court orders.
Income documentation drives the commitment period. Court guidance in the District of Arizona describes current monthly income as the average monthly income from all sources during the six-month period ending on the last day of the calendar month before the filing date, including a spouse's income in a joint case.
Trustees also require supporting records before the meeting of creditors. Court flowcharts describe a deadline to provide tax returns to the trustee seven days before the § 341(a) meeting, with some districts also listing pay advices and bank statements.
- The Chapter 13 plan on Official Form 113 or the district's local form (Fed. R. Bankr. P. 3015(c))
- Schedules, statements, and the statement of current monthly income
- Tax returns provided to the trustee before the meeting of creditors
- Documentation of secured debt, arrearages, and priority claims being paid through the plan
What should you ask a lawyer about plan length?
Plan length is one of the places where a small drafting choice changes years of your life, so it is worth asking direct questions rather than accepting a number. Bankruptcy court staff cannot answer them. The Western District of Kentucky's pro se guide notes the clerk's office is prohibited by statute from giving legal advice, and the District of Arizona's pamphlet says the same and is explicit that it is not a substitute for advice from a qualified attorney.
The questions below get at the parts of the analysis that are genuinely case-specific: how your income is measured, whether any priority claim forces a longer term, and what happens if your circumstances change mid-plan.
- How does my current monthly income compare with the applicable median for my state and household size?
- Does anything in my case, such as a domestic support priority claim, require a five-year commitment regardless of income?
- If unsecured creditors would be paid in full sooner, could my plan run shorter than the commitment period?
- What would it take to modify the plan under 11 U.S.C. § 1329 if my income drops or rises?
- What happens to my case if I cannot keep up with payments partway through?
Frequently asked questions
- Can I finish a Chapter 13 plan early?
- Not simply by paying faster. Under 11 U.S.C. § 1325(b)(4), a period shorter than the applicable commitment period may be permitted only if the plan provides for payment in full of all allowed unsecured claims over that shorter period. A confirmed plan can also be modified under 11 U.S.C. § 1329, which allows the time for payments to be reduced on request of the debtor, the trustee, or an unsecured creditor.
- Does above-median income mean I cannot file Chapter 13?
- No. Income above the applicable median generally affects the length of the commitment period under 11 U.S.C. § 1325(b)(4) rather than shutting the door on Chapter 13. It commonly means a five-year plan instead of a three-year one. The District of Arizona's court guidance notes that some individuals whose debts are too large for Chapter 13 look at Chapter 11 instead, which is a separate question from income.
- What if my income changes in the middle of the plan?
- A confirmed plan can be modified. 11 U.S.C. § 1329(a) allows a modification to increase or reduce payment amounts or to extend or reduce the time for payments, on request of the debtor, the trustee, or the holder of an allowed unsecured claim. The Western District of Kentucky's pro se guide advises contacting your attorney or the trustee promptly when a payment problem arises, and notes that significant changes in circumstances may require formal modification.
- Can a court extend a plan past five years?
- No. 11 U.S.C. § 1322(d) caps the payment period at five years, and 11 U.S.C. § 1329(c) says that when a confirmed plan is modified, the court may not approve a period expiring more than five years after the time the first payment under the original confirmed plan was due. A court may for cause approve a period longer than the applicable commitment period, but not beyond that five-year outer boundary.
- When does the clock start running?
- Plan payments generally begin before confirmation. Under 11 U.S.C. § 1326(a)(1), unless the court orders otherwise, the debtor must commence making payments not later than 30 days after the plan is filed or the order for relief is entered, whichever is earlier. The trustee retains those payments until confirmation or denial of confirmation, then distributes them according to the plan.
- What does a Chapter 13 case cost to file?
- The statutory filing fee for a Chapter 13 case is $235 (28 U.S.C. § 1930(a)(1)(B)), plus a $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8, effective December 1, 2023). The statute permits an individual commencing a voluntary or joint case to pay in installments. Attorney fees are separate and are commonly paid through the plan.
- What happens if I cannot complete the plan?
- Options exist, and none of them are automatic. Under 11 U.S.C. § 1307(a) the debtor may convert a Chapter 13 case to Chapter 7 at any time, and § 1307(b) allows the debtor to request dismissal. A court may also dismiss or convert a case for cause, including material default with respect to a term of a confirmed plan. Talk to a bankruptcy attorney before choosing among these.
Sources
- 11 U.S.C. § 1322 — Contents of plan · official source
- 11 U.S.C. § 1325 — Confirmation of plan · official source
- 11 U.S.C. § 1326 — Payments · official source
- 11 U.S.C. § 1329 — Modification of plan after confirmation · official source
- 11 U.S.C. § 1307 — Conversion or dismissal · official source
- Fed. R. Bankr. P. 3015 — Chapter 12 or 13 — Time to File a Plan; Nonstandard Provisions; Objection to Confirmation; Effect of Confirmation; Modifying a Plan · official source
- D. Mass. LBR Appendix 1, Rule 13-4 — Chapter 13 Plan
- M.D. Ga. LBR 3015-1 — Chapter 13 Plan
- U.S. Bankr. Ct. M.D. Ala., Anatomy of a Bankruptcy Chapter 13
- Bankr. S.D. Ill. official guidance — Chapter 13 Case Flowchart
- Bankr. D. Minn. official guidance — Chapter 13 Process for Debtors without an Attorney
- U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter: What can Bankruptcy do for you? What will it do to you?
- Bankr. W.D. Ky. official guidance — Guide to Filing Bankruptcy without an Attorney
- 28 U.S.C. § 1930(a)(1)(B)
- Bankruptcy Court Miscellaneous Fee Schedule, Item 8
By Antonio G. Jimenez, Esq. · Florida Bar No. 21022
Last reviewed July 26, 2026 · Sources verified July 26, 2026 · How we verify
Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.
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