During the time Taylor Bean made the mortgage, Appellants’ mobile domestic was actually set-up with the miles and you may Appellants didn’t come with goal of swinging the newest mobile family about homes. (Id. during the -19.) This new rims and axles connected to the halves of your own mobile household was indeed removed when Appellants gone the cellular domestic onto the assets. (Id, from the 41:8-9.) Also, the fresh new tongues had been got rid of. (Id. at twenty seven:6-eight.) Appellants oriented an excellent septic program and a water well, and you will after Taylor Bean made the borrowed funds, Appellants developed a beneficial mortared cinderblock base up to all four sides regarding their house. (Id. from the 37:7-38:9.) Appellants including installed additional air conditioners (id. at the 42:8-9), plus electricity solution, (id. at the -25).
II. Personal bankruptcy Procedures
(Tr. 5:23-twenty five.) In the course of the brand new processing, Bobby are forced to Appellee for a loan covered by the Appellants’ acres and advancements, and you will Appellants have been as one obligated to the financial institution off Danielsville to own a loan shielded because of the Appellants’ cellular household and a vehicle and you may pickup truck belonging to Bobby. To your , Appellee submitted the shielded proof claim to the case of bankruptcy courtroom regarding number of $104,, symbolizing the main and you can pre-petition arrearage due of the Appellants.
Appellants’ very first advised plan considering, within the pertinent you to, one to “[verification for the bundle will extinguish the next lien on [Appellants’] home stored from the [the lending company off Danielsville] as a result of the diminished worthy of to support brand new claimed lien
Appellants supported and filed the earliest suggested Chapter 13 package, and therefore accessible to clean out new arrearage owed to their duty from the to make repayments courtesy its Part 13 package. Normal post-petition, monthly payments with the obligations was to be made so you can Appellee physically. (Id. within 6:1-5.) Appellants proceeded for a few months pursuing the its submitting and come up with the normal, post-petition, monthly premiums to Appellee. ” (Part 13 Plan, .) Appellee failed to object in order to Appellants’ basic suggested package.
For the , Appellants offered find of recommended modification of their Chapter 13 package ahead of verification. (Find Ex. P-step 3 so you can Tr., Find off Mot. to own Amendment from Plan Before Confirmation.) Regarding advised modified bundle, Appellants desired in order to bifurcate Appellee’s claim between your secured and you may unsecured part. (Discover Ex lover. P-eight to help you Tr., Chapter thirteen Bundle, [hereinafter Modified Part thirteen Bundle].) Within the Altered Part 13 Bundle, Appellants was to pay Appellee the covered count. The brand new unsecured percentage of Appellee’s allege would be to be paid specialist rata the rest of Appellants’ unsecured loan providers. Appellants’ Changed Section 13 Bundle provided for an entire payment out of the responsibility owed because of the Appellants with the Bank of Danielsville and protected of the their cellular house, as well as the automobile together with pick up truck owned by Bobby. Appellants’ Altered Chapter 13 Bundle failed to give you to Appellee’s safety deed is actually *922 getting found or extinguished through to the culmination off bundle costs. (Id.) Appellee don’t object to help you Appellants’ Altered Part 13 Package.
On , this new bankruptcy courtroom entered your order guaranteeing Appellants’ Changed Part thirteen Plan. (Ex lover. P-six to help you Tr., Acquisition Guaranteeing Package.) Repayments underneath the Section 13 plan was in fact finished by https://paydayloancolorado.net/rico/ the Appellants from inside the 2005. (Tr. 7:1-2.) Towards the , the bank from Danielsville put-out its shelter demand for Appellants’ cellular home additionally the most other security protecting the financial obligation. To your , the newest bankruptcy court registered an order giving Appellants’ Part 13 discharge. A final decree was also entered, closure Appellants’ Part 13 case. After the receipt of their launch, Appellants generated several needs from Appellee it draw the safety action to your Appellants’ houses came across. However, Appellee rejected. (Id. during the 7:3-8.) Appellants’ Part thirteen situation is actually reopened by order of the bankruptcy proceeding legal on the , Appellants registered a challenger proceeding about bankruptcy court. (Id. in the 7:8.)