text: bankruptcy? chapter 13? why do some people end up with a 3 year payback time period and others a 5 year.  how may i ensure i get a 3 year plan vs the 5? it's going to be set by the trustee....they have to "balance" the needs of your creditors to what you can afford.  if the trustee sets a payment amount for 3 years that you believe you can't handle, you (and your attorney) will go over it with the trustee and it can be modified to extend it.  you will still have to pay the same amount of money, but over a longer period of time.