Chapter 13 Three-Year vs. Five-Year Plan in Pennsylvania: What Decides 36 or 60 Months

Short answer: In Chapter 13, plan length is mostly set by two statutes that work together. If your current monthly income, multiplied by 12, is below the median for your household size in Pennsylvania, the plan generally may not run longer than 3 years unless the court approves a longer period for cause, and never more than 5. If it is at or above the median, the commitment period is not less than 5 years and the plan may not run longer than 5. A plan can still be modified later in some situations. An attorney can confirm how this applies to your case.

This page is about one question: 36 months or 60 months, and why. For how the monthly payment is built, see what your Chapter 13 payment could look like. For the income calculation itself, see how the Chapter 13 means test works in Pennsylvania. For the big picture, see how Chapter 13 works in Pennsylvania and our Chapter 13 page.

Two different numbers: the commitment period and the maximum length

People often treat "three years or five years" as one rule. The Bankruptcy Code actually has two provisions, and they answer different questions.

The applicable commitment period (11 U.S.C. § 1325(b)(4)). This is a floor on how long your projected disposable income is committed to unsecured creditors if a trustee or an unsecured creditor objects to the plan. Section 1325(b)(1)(B) requires that "all of the debtor’s projected disposable income to be received in the applicable commitment period" be applied to payments to unsecured creditors. Section 1325(b)(4)(A) says the commitment period shall be "3 years" or, if the household’s income is at or above the state median, "not less than 5 years." Under § 1325(b)(4)(B), it "may be less than 3 or 5 years" only "if the plan provides for payment in full of all allowed unsecured claims over a shorter period."

The maximum plan length (11 U.S.C. § 1322(d)). This is a ceiling. Under § 1322(d)(1), if the combined current monthly income of the debtor and spouse, multiplied by 12, is "not less than" the applicable state median, "the plan may not provide for payments over a period that is longer than 5 years." Under § 1322(d)(2), if it is below the median, 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."

Put together: below the median, 36 months is the default ceiling and a longer plan needs a reason the court accepts. At or above the median, if the trustee or an unsecured creditor objects, the plan generally must commit disposable income for at least 5 years unless it pays allowed unsecured claims in full over a shorter period, and it may not run longer than 5 years. The statute does not define "cause," so what counts is decided case by case.

How the Pennsylvania median enters the picture

The comparison uses "current monthly income," which is a defined term, not your pay stub or your last tax return. Under 11 U.S.C. § 101(10A), it is generally the average monthly income from all sources received during the six months ending on the last day of the calendar month before the case is filed, whether or not taxable. It includes amounts others regularly pay toward the household’s expenses, and it excludes Social Security Act benefits and certain other payments listed in the statute. That average is multiplied by 12 and compared with the median for your household size.

The U.S. Trustee Program publishes the median tables, with different tables for different filing-date ranges. The table for cases filed on or after July 15, 2026, titled "Census Bureau Median Family Income By Family Size" ("Cases Filed On or After July 15, 2026"), lists these Pennsylvania figures: $72,230 for one earner or household of one, $87,534 for two people, $110,151 for three, $135,862 for four, and an add-on of $11,100 for each person beyond four. As of November 9, 2026, the U.S. Trustee’s page listed no newer table, but the figures are adjusted on a schedule, so the table for your actual filing date is the one that governs. An attorney can confirm which table applies.

Two details matter at the margin. First, the statute says "not less than" the median, so income that equals the median figure falls on the five-year side. Second, household size drives the comparison. The same annualized income can be below the median for a household of four and above it for a household of one. A hypothetical, for illustration only: a household of three with annualized current monthly income of $105,000 would be compared with $110,151 and fall below it, while a household of two with the same income would be compared with $87,534 and fall above it.

Because current monthly income looks backward six months, a recent job change, overtime, a bonus, or a period of unemployment can move you across the line in either direction. The Chapter 13 forms ask for the calculation, and an attorney can explain how your six-month window would be handled.

Why plan length is not just a preference

Even where the code permits a shorter plan, a plan still has to work on its own terms. Several things tend to push toward the longer end:

• The disposable income calculation. A larger monthly commitment over fewer months only works if the budget can carry it. A longer plan lowers the monthly figure for the same total.
• Debts that must be paid through the plan. Certain claims, such as some tax and domestic support claims, are handled in the plan, and the total owed on them can drive how many months the plan needs. See the payment-amount page for how those pieces combine.
• Secured debt catch-up. Mortgage and car arrears are paid through the plan over time, discussed below.

Going the other way, a below-median household that proposes a plan over 36 months will generally want to be ready to explain why, since the statute makes a longer period depend on the court’s approval for cause.

Mortgage arrears and plan length

Many Pennsylvania Chapter 13 cases are filed to deal with a mortgage default. The statute that allows this is § 1322(b)(5): a plan may "provide for the curing of any default within a reasonable time" and for "maintenance of payments while the case is pending" on any unsecured or secured claim on which the last payment is due after the final plan payment. In plain terms, the plan cures the past-due amount (arrears) while ongoing mortgage payments continue as they come due.

The "reasonable time" is not defined as a fixed number of months, so a short plan is not automatically unreasonable, and a longer plan is not automatically allowed. A larger arrearage generally means a larger monthly plan payment if the cure period is short, which is one reason a household may look at the five-year ceiling. The statute also sets a timing outer limit for homeowners: under § 1322(c)(1), a default on a lien on the principal residence "may be cured" under § 1322(b)(3) or (b)(5) "until such residence is sold at a foreclosure sale that is conducted in accordance with applicable nonbankruptcy law." That is why the filing date relative to a sheriff’s sale matters more than the plan-length choice. See how Chapter 13 mortgage arrears are caught up, how a Chapter 13 filing stops a Pennsylvania sheriff sale, and our sheriff’s sale timeline.

Changing the length after confirmation: § 1329

A confirmed plan is not frozen. Under 11 U.S.C. § 1329(a), "at any time after confirmation of the plan but before the completion of payments under such plan," the plan may be modified on request of the debtor, the trustee, or the holder of an allowed unsecured claim to, among other things, "increase or reduce the amount of payments on claims of a particular class" and "extend or reduce the time for such payments." Section 1329(c) sets a limit: a modified plan "may not provide for payments over a period that expires after" the applicable commitment period after the first payment under the original confirmed plan was due, "unless the court, for cause, approves a longer period," but not past five years from that time.

In practice, that means a plan confirmed at 36 months could, in some circumstances, be extended for cause up to the five-year limit, for example after a missed stretch of income, and a modification is not guaranteed. A modification requires a request and the court’s approval, and a modification request can be opposed. See whether you can change a Chapter 13 plan after filing and whether you can pay off Chapter 13 early.

Common fears and misconceptions

• "Chapter 13 is always five years." No. The code ties the commitment period and the ceiling to income versus the median, and the commitment period is 3 years for a below-median household.
• "If I am below the median I can choose to be out in three years." Not exactly. Three years is the limit unless the court approves more. Whether a plan works in 36 months still depends on the budget and the debts that must be paid.
• "Above the median means I fail a test." Chapter 13 has no pass or fail on the median. It affects length, not eligibility. Eligibility has its own rules, including the debt limits.
• "A long plan means more total debt." Not exactly. Your debts do not grow because the plan is longer. But the total paid can change with plan length, because the amount owed to unsecured creditors depends on what the Code requires, including disposable income over the commitment period if there is an objection. An attorney can explain how it applies to your numbers.
• "Plan length is locked once confirmed." § 1329 allows modification in some cases, within the limits above.

Mistakes to avoid before filing

1. Guessing which side of the median you are on. Use the six-month average and the table for your filing date, with the right household size.
2. Timing a filing around a one-time income event without checking the look-back. A bonus or severance in the six months can change the result.
3. Waiting too long on a mortgage default. The cure right in § 1322(c)(1) ends at a foreclosure sale conducted under applicable law.
4. Choosing plan length for the lowest payment alone. A long plan has its own risk: more months to stay current. See why Chapter 13 cases get dismissed.
5. Assuming Chapter 13 is the right chapter. Compare Chapter 7 and Chapter 13 in Chapter 13 vs. Chapter 7.

Where this plays out in Pennsylvania

The median figures above are Pennsylvania-wide, but your case is filed in one of three federal districts (Eastern, Middle, or Western), each with its own clerk, trustees, and local rules, and local forms and practices on plan terms can differ. County pages such as Dauphin County and Cumberland County explain local practice, and our locations page lists others. An attorney can confirm which district applies to you.

What to expect at the consultation

A conversation about plan length usually starts with your household size and your income over the last six months, month by month, because that drives the median comparison. From there it covers the debts that would have to go through the plan, any mortgage or car arrears and any sale date, and what monthly budget is realistic. Bring recent pay records, benefit statements, mortgage and loan statements, and any notices. Related reading: wage garnishment in Pennsylvania and stopping a repossession.

Call (717) 724-7503 or schedule a consultation to talk through your situation.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

Sean P. Quinlan, Esq., Quinlan Law Group, Camp Hill and Harrisburg, Pennsylvania.

This page is general information about Pennsylvania and federal bankruptcy law, not legal advice for your situation, and reading it does not create an attorney-client relationship. This is attorney advertising. Deadlines and outcomes depend on your facts; talk to a licensed attorney before relying on anything here.