What determines that more than 3 years is needed to discharge in ch 13?
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3 years is the minimum (unless you pay off your creditros 100% in a shorter amount of time). The "up to 5 year" provision is to allow you to catch up on back payments on your mortgage (or other secured debts) if you couldn't do it within 3 years.
Going over 3 years is optional, and is most commonly used to save a house.
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