Pub. L. 109-8, tit. III, sec. 318

CHAPTER 13 PLANS TO HAVE A 5-YEAR DURATION IN CERTAIN CASES.

EnactedYear: 2005Length: 543 wordsOfficial source
SEC. 318. CHAPTER 13 PLANS TO HAVE A 5-YEAR DURATION IN CERTAIN CASES. Title 11, United States Code, is amended—(1) by amending section 1322(d) to read as follows: “(d)(1) If the current monthly income of the debtor and the debtor’s spouse combined, when multiplied by 12, is not less than—“(A) in the case of a debtor in a household of 1 person, the median family income of the applicable State for 1 earner;“(B) in the case of a debtor in a household of 2, 3, or 4 individuals, the highest median family income of the applicable State for a family of the same number or fewer individuals; or“(C) in the case of a debtor in a household exceeding 4 individuals, the highest median family income of the applicable State for a family of 4 or fewer individuals, plus $525 per month for each individual in excess of 4,the plan may not provide for payments over a period that is longer than 5 years.“(2) If the current monthly income of the debtor and the debtor’s spouse combined, when multiplied by 12, is less than—“(A) in the case of a debtor in a household of 1 person, the median family income of the applicable State for 1 earner;“(B) in the case of a debtor in a household of 2, 3, or 4 individuals, the highest median family income of the applicable State for a family of the same number or fewer individuals; or“(C) in the case of a debtor in a household exceeding 4 individuals, the highest median family income of the applicable State for a family of 4 or fewer individuals, plus $525 per month for each individual in excess of 4,the plan may not provide for payments over a period that is longer than 3 years, unless the court, for cause, approves a longer period, but the court may not approve a period that is longer than 5 years.”;(2) in section 1325(b)(1)(B), by striking “three-year period” and inserting “applicable commitment period”; and(3) in section 1325(b), as amended by section 102, by adding at the end the following:“(4) For purposes of this subsection, the ‘applicable commitment period’—“(A) subject to subparagraph (B), shall be—“(i) 3 years; or “(ii) not less than 5 years, if the current monthly income of the debtor and the debtor’s spouse combined, when multiplied by 12, is not less than—“(I) in the case of a debtor in a household of 1 person, the median family income of the applicable State for 1 earner;“(II) in the case of a debtor in a household of 2, 3, or 4 individuals, the highest median family income of the applicable State for a family of the same number or fewer individuals; or“(III) in the case of a debtor in a household exceeding 4 individuals, the highest median family income of the applicable State for a family of 4 or fewer individuals, plus $525 per month for each individual in excess of 4; and119 STAT. 94“(B) may be less than 3 or 5 years, whichever is applicable under subparagraph (A), but only if the plan provides for payment in full of all allowed unsecured claims over a shorter period.”; and(4) in section 1329(c), by striking “three years” and inserting “the applicable commitment period under section 1325(b)(1)(B)”.
Pub. L. 109-8, tit. III, sec. 318: CHAPTER 13 PLANS TO HAVE A 5-YEAR DURATION IN CERTAIN CASES. | Justis AI