PUBLIC LAW 109–8—APR. 20, 2005
119 STAT. 93
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; and
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