Chapter 13 3 or 5 yrs??

[Dannyc1005]

I am currently in a payment plan to file chapter 13. The last time I had an in depth conversation with the Atty he said most likely I would be in a 5 yr plan. Is this based solely on income? I am currently under the median income for Texas, when I take my Jan to current pay stubs, added together/div by 11 ( num of pay periods), then multi by 26 - for total yearly income. Or is it the type of debt, mine is mostly cc debt and per loans, 2 auto loans im keeping and a Mortgage I’m keeping. No taxes, child support or student loans. Cars and house are current…

[flashoflight]

Why are you doing a 13 instead of a 7?

[Dannyc1005]

I have a chapter 7 from Aug of 2016, and it has not been 8 yrs yet, so 13 is my only option