Who decides 3 or 5 yr plan??

[motomom]

Spoke w/ 2 attorneys. 1st said WE decide if we want a 3yr or 5 yr plan.

2nd atrny said the court decides

hhhmmmm.............

[HHM]

Your median income decides.

If you are above your state's median income for your household size, then you are 60 months.

If you are below your state's median income for your household size (and you still need to file chapter 13), then you have the option for 36 months. In this case, you get to decide. If there is a reason you need a longer plan (up to 60 months), you can opt for it.

Technically, both attorneys are correct (sort of).

[motomom]

Thanks so much. Now my husband brought this up, does it matter if we are using state or federal exemption???
Thanks again, I GREATLY appreciate your input on everything here!!

[HHM]

Exemptions have nothing to do with the means test and your median income, so it does not matter.

[jade73]

Spoke w/ 2 attorneys. 1st said WE decide if we want a 3yr or 5 yr plan.

2nd atrny said the court decides

hhhmmmm.............

They gave us a choice, either $110/month for 60 months or $170/36 months, we went with the 36 month plan