At that time Taylor Bean generated the loan, Appellants’ mobile house was actually install into the miles and Appellants had no intention of swinging the cellular house on the homes. (Id. from the -19.) The fresh rims and axles attached to the halves of your cellular household was eliminated whenever Appellants went the fresh new cellular household on the possessions. (Id, during the 41:8-9.) In addition, new tongues were eliminated. (Id. on 27:6-eight.) Appellants centered a great septic program and a liquid really, and just after Taylor Bean generated the loan, Appellants built good mortared cinderblock foundation up to all four edges away from their property. (Id. during the 37:7-38:9.) Appellants together with strung outside air conditioning units (id. on 42:8-9), along with electrical services, (id. within -25).
II. Bankruptcy Process
(Tr. 5:23-twenty-five.) During the time of this new processing, Bobby are obligated to Appellee for a loan covered because of the Appellants’ miles and you can improvements, and Appellants was basically as you obligated to the financial institution away from Danielsville to have that loan covered from the Appellants’ cellular family and an automible and you can pickup truck belonging to Bobby. On the , Appellee submitted their secured evidence of allege for the case of bankruptcy courtroom throughout the amount of $104,, symbolizing the principal and you can pre-petition arrearage due from the Appellants.
Appellants’ very first recommended plan offered, from inside the appropriate that, one «[verification on the bundle have a tendency to extinguish the following lien on [Appellants’] household stored from the [the lending company out-of Danielsville] because of the shortage of worth to help with the latest claimed lien
Appellants supported and registered its first recommended Chapter 13 plan, and this open to eliminate the fresh arrearage due to their obligation of the while making repayments through their Section thirteen plan. Regular article-petition, monthly obligations on the obligations would be to be made so you can Appellee individually. (Id. during the 6:1-5.) Appellants continued for some months following the their filing and then make their normal, post-petition, monthly obligations right to Appellee. » (Chapter thirteen Package, .) Appellee failed to target to help you Appellants’ earliest proposed bundle.
Into the , Appellants gave observe of the advised modification of its Chapter 13 package before confirmation. (Select Ex lover. P-step three so you can Tr., Notice of Mot. to have Modification from Package Before Confirmation.) Regarding the recommended changed package, Appellants desired so you can bifurcate Appellee’s claim between your shielded and unsecured portion. (Discover Ex. P-seven to help you Tr., Section americash loans Tokeneke thirteen Package, [hereinafter Altered Part 13 Package].) Under the Changed Section 13 Bundle, Appellants was to spend Appellee its secure number. The new unsecured percentage of Appellee’s allege was to be distributed specialist rata the rest of Appellants’ unsecured creditors. Appellants’ Changed Part 13 Package taken to a full commission out-of the obligation due by Appellants for the Financial from Danielsville and you will protected by the its cellular domestic, therefore the automobile additionally the pick up truck owned by Bobby. Appellants’ Altered Chapter thirteen Package didn’t give you to Appellee’s protection deed try *922 becoming found or extinguished on the conclusion from bundle payments. (Id.) Appellee didn’t target so you can Appellants’ Modified Part thirteen Plan.
For the , the fresh new personal bankruptcy courtroom entered your order confirming Appellants’ Altered Section thirteen Package. (Ex lover. P-six in order to Tr., Acquisition Guaranteeing Package.) Payments in Chapter 13 package have been done by Appellants in the 2005. (Tr. 7:1-2.) With the , the bank of Danielsville released its defense interest in Appellants’ mobile home therefore the almost every other security securing its obligations. Into , brand new personal bankruptcy legal registered an order giving Appellants’ Part thirteen discharge. A last decree was also inserted, closure Appellants’ Part 13 situation. Following the acknowledgment of their release, Appellants generated multiple desires out-of Appellee so it draw the cover deed towards the Appellants’ real property met. Yet not, Appellee rejected. (Id. at eight:3-8.) Appellants’ Part 13 case is reopened by buy of personal bankruptcy court toward , Appellants filed a challenger proceeding on the bankruptcy court. (Id. at 7:8.)
