How long are the payment plans on a chapter 13 bankruptcy?

I want to file for a chapter 13 bankruptcy, but I am not sure if I will have enough steady income for this payment plan. However, if I do manage to set up a plan with my trustee, how long do these plans normally go for? Is it better to just liquidate all debts straight away?
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Answered By: Mercado & Hartung, PLLC
A Chapter 13 plan is 3-5 years. If you qualify for a Chapter 7, it'll be done in 90 days.

Answer Applies to: Washington
Replied: 1/19/2012

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Answered By: Law Office of Susan G. Taylor
I don't understand what you mean, "liquidate all debts." But the length of a chapter 13 can be as short as 3 years, if your income is under-median, or as long as 5 years, if you need that long OR if you are an over-median income filer.

Answer Applies to: Texas
Replied: 12/4/2011

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Answered By: The Law Offices of Katie M. Stone
A chapter 13 is usually a 36 or 60 month repayment plan. I hope you found this answer useful.

Answer Applies to: Florida
Replied: 12/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Dan Wilson Bankruptcy
If you are eligible for a Ch 7 you should definitely consider that. its cheaper and is over in six months or so. Ch 13 plans are usually either 3 or 5 years. You definitely need to consult an attorney on this one.

Answer Applies to: Colorado
Replied: 11/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bird & VanDyke, Inc.
A chapter 13 payment plan will be from 3 to 5 years depending on your income.

Answer Applies to: California
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Braunstein Wisehart LLC
The payment plan in a Chapter 13 bankruptcy will depend partially on whether the debtor is considered to be above or below median income. Above median income debtors will typically be placed in a 60 month payment plan. Below median income debtors are permitted to have a 36 month payment plan, but the number of payments can be extended. You will want to consult with a bankruptcy attorney to determine whether a Chapter 13 bankruptcy is appropriate.

Answer Applies to: Oregon
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Janet A. Lawson Bankruptcy Attorney
Payments are based on the means test results. You should have a lawyer compute that for you to get a straight answer.

Answer Applies to: California
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bankruptcy Law office of Bill Rubendall
The minimum time for a chapter 13 payment is 36 months. The maximum time allowed is 60 months. To decide whether chapter 13 is a better option than chapter 7 you should consult with an attorney.

Answer Applies to: California
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bankruptcy Law Center
Chapter 13 payment plans usually are 36 or 60 months, unless 100% plan.

Answer Applies to: Colorado
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Charles Schneider, P.C.
They are either 3 or 5 years depending on whether you are an above annual median income household.

Answer Applies to: Michigan
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Darren Aronow, PC
If you qualify for a chapter 7, then you should file for chapter 7 and be done with it. However, if you do not qualify for a chapter 7, then you can file the chapter 13, which will be a 3 to 5 year payment plan, depending on your income and assets.

Answer Applies to: New York
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Heupel Law
Depending on your income, a Chapter 13 lasts between 3 and 5 years. Chapter 13 plans work best for paying taxes, stopping a foreclosure, and removing a second mortgage. Otherwise, you are better to immediately liquidate your debts in a Chapter 7.

Answer Applies to: Colorado
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Charles R. Nettles - Attorney at Law
The payment plan cannot go beyond 60 months. Depending upon your income level, you may only have to stay in for 36 months. A Chapter 13 requires a steady source of income and, if you don't have one, it doesn't make a lot of sense to file one. Sometimes a Chapter 7 bankruptcy makes more sense. You should consult with a qualified attorney to determine which would better suit you and your situation.

Answer Applies to: Texas
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Philip R. Boardman, Attorney at Law
Plans payments last between 36 and 60 months.

Answer Applies to: Virginia
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Michael Johnson
It can be between 36 and 60 months.

Answer Applies to: Florida
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Siegel & Siegel, P.C.
It is always better to be in chapter 7 if you can do it.

Answer Applies to: New York
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Weber Law Firm, P.C.
The plan is between 3 and 5 years, unless the plan proposes to pay 100% to all creditors. In that case, the payments may be made at any time up to 5 years.

Answer Applies to: Texas
Replied: 11/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Athena Legal, LLC
Chapter 13's typically last 36-60 months. You should talk to an experienced bankruptcy attorney to analyze which type of bankruptcy would be best with your particular circumstances.

Answer Applies to: Ohio
Replied: 11/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Schreiber Law Firm
Unless you pay of your debts in full before the 36th month, from 36 to 60 months. If you income is over the median income level, you must make payments for 60 months. Whether you can liquidate all of your debts (Chapter 7) depends on whether you can qualify for Chapter 7 and if you have any non-exempt assets that you do not want to be liquidated by the Chapter 7 trustee.

Answer Applies to: California
Replied: 11/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of James Wingfield
Depending on your individual circumstances, and specifically whether you are an above median income debtor or a below median income debtor as determined by the Means Test, your plan payment will be between 3 and 5 years long.

Answer Applies to: Massachusetts
Replied: 11/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Carballo Law Offices
It is better to liquidate the debts in Chapter 7 if you qualify unless there is a reason to be in a Chapter 13 case such as for the purpose of stripping a junior lien on a house, paying back non-dischargeable taxes or paying arrearage on a mortgage to prevent foreclosure. There are many other reasons to file a Chapter 13 instead of a Chapter 7 but that is one of the most important questions that need to be discussed with the bankruptcy attorney. The Chapter 13 plan must be for at least three years and no longer than five years unless you pay 100% of the debt in less than three years. You also have the option of filing a Chapter 13 and then converting the case to a Chapter 7 if you cannot afford the plan payments.

Answer Applies to: California
Replied: 11/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: ContiLegal
If you are at or below the median income for a family of your size in Michigan your plan will be for a minimum of 36 months (less if you propose to pay back 100% of the debts you owe your creditors). If it is above the median it will be for 60 months (less if you propose to pay back 100% of the debts you owe your creditors). No chapter 13 plan can run for more than 60 months.

Answer Applies to: Michigan
Replied: 11/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Mauritz Van Niekerk, Attorneys at Law
Typically it takes 3 or 5 years.

Answer Applies to: New York
Replied: 11/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
Chapter 13 plans can be as short as 36 months and as long as 60 months. The "committment period" depends, for the most part, on how much you make and the result of completing Form B22C. There is no such thing as liquidating debt; but Chapter 7 liquidation may be an option if eligible but non-exempt assets are liquidated.

Answer Applies to: Indiana
Replied: 11/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Eranthe Law Firm
If you don't know whether you should file a chapter 7 or a chapter 13, you need to see a knowledgeable local bankruptcy attorney. Chapter 13 plans are either 3 years or 5 years depending on your income level. You do need to have regular disposable income to set up a plan.

Answer Applies to: California
Replied: 11/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Stockman Law Office
As to the question detail, I cannot answer this type of question without knowing the details of your situation/case. If you are now represented by an attorney, I would not be able to counsel you regarding your case. Question 1) Chapter 13 plans last 3-5 years unless the plan is paid in full earlier with the consent of the trustee.

Answer Applies to: Florida
Replied: 11/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Michael J. Berger
Chapter 13 plans typically last from 3-5 years, with most plans taking 5 years.

Answer Applies to: California
Replied: 11/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Orantes Law Firm
The length of a Chapter 13 plan depends on your income and your debts. If you don't have secured or priority debt that you must pay back over a specific period of time, the length of the plan will depend basically on your annual earnings based on the last six months prior to the time you file your petition. If your income ranks in the top 50% of Californian's income, then you may have to have a 5 year plan, but if your income ranks in the lower 50% of Californians' income, then you need only havea 3 year plan. The concept of a Chapter 13 plan is for you to pay what you have left over at the end of the month after you pay your reasonable living expenses - without counting unsecured debt payments - and turn that over and in exchange you can discharge up to $360,000 (this amount varies). Chapter 13 is really so complex and work-intensive that you should hire an expert Chapter 13 attorney before trying it on your own.

Answer Applies to: California
Replied: 11/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: A Fresh Start
In general, if your household income is below the median income, you will be in a 36 month payment plan. If you're above the median income, you will be in a 60 month payment plan.

Answer Applies to: Illinois
Replied: 11/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Kristy Qiu
3 to 5 years, if your income is below state median, then you can choose. Otherwise it's 5 years.

Answer Applies to: Florida
Replied: 11/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Mazyar Hedayat and Associates
Your questions involve more complex answers than this forum was intended to host. But in brief, Chapter 13 plans can be up to 60 months long and are based on 2 factors: how much you can afford to pay and how much your creditors could get if they forced you into liquidation. Chapter 13 is no free ride, but it is generally the right vehicle for wage earners with a steady job who can afford to pay into a plan. Feel free to contact our office or go to www.mha-law.com for more information.

Answer Applies to: Illinois
Replied: 11/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ashman Law Office
First of all, let me stress, do NOT file pro se. Do NOT. That will almost certainly prove financially ruinous for you, and generally will not work. You need a lawyer. Most Chapter 13 plans must last 60 months. A few people, based on their numbers, can do 36 month plans. As to whether Chapter 7 or 13 is more appropriate, that is a decision an experienced lawyer can make.

Answer Applies to: Georgia
Replied: 11/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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