At that time Taylor Bean made the loan, Appellants’ cellular household was put up on the acres and you will Appellants had no aim of swinging this new mobile home regarding the house. (Id. at the -19.) The latest tires and you will axles linked to the halves of cellular domestic have been eliminated whenever Appellants moved new mobile home onto the assets. (Id, at the 41:8-nine.) Also, the brand new tongues was indeed got rid of. (Id. on twenty-seven:6-eight.) Appellants based a beneficial septic program and you will a liquid better, and you can shortly after Taylor Bean produced the borrowed funds, Appellants created a good mortared cinderblock foundation as much as all four edges off their property. (Id. in the 37:7-38:nine.) Appellants plus hung external air conditioning units (id. from the 42:8-9), and electricity services, (id. from the -25).
II. Bankruptcy Process
(Tr. 5:23-25.) During brand new processing, Bobby is forced to Appellee for a loan shielded bank loans Segundo because of the Appellants’ acres and you can advancements, and you can Appellants were as one compelled to the lending company out of Danielsville having a loan protected by Appellants’ cellular family and a car or truck and you can pickup truck owned by Bobby. Toward , Appellee recorded their safeguarded evidence of claim to your bankruptcy judge about level of $104,, symbolizing the principal and pre-petition arrearage due from the Appellants.
Appellants’ earliest proposed bundle given, inside the appropriate you to definitely, one to “[confirmation on the plan will extinguish next lien towards the [Appellants’] home held by the [the financial institution of Danielsville] due to the shortage of worthy of to support the fresh new reported lien
Appellants supported and filed their earliest suggested Part 13 plan, and that accessible to dump new arrearage owed on the obligation of the and then make repayments courtesy their Section thirteen plan. Regular article-petition, monthly installments towards responsibility would be to be manufactured to Appellee personally. (Id. from the 6:1-5.) Appellants continued for some weeks after the the filing and come up with the typical, post-petition, monthly obligations right to Appellee. ” (Section thirteen Package, .) Appellee don’t target to help you Appellants’ basic advised bundle.
On the , Appellants gave see of your recommended amendment of its Part thirteen bundle ahead of confirmation. (See Ex. P-3 to Tr., Find from Mot. getting Modification of Plan Ahead of Verification.) From the proposed altered bundle, Appellants wanted to bifurcate Appellee’s allege between your safeguarded and unsecured part. (Come across Ex. P-seven in order to Tr., Section thirteen Plan, [hereinafter Altered Section thirteen Bundle].) Under the Modified Chapter thirteen Plan, Appellants was to pay Appellee the protected number. The latest unsecured percentage of Appellee’s claim were to be distributed specialist rata the remainder of Appellants’ unsecured financial institutions. Appellants’ Altered Section 13 Bundle provided for the full fee out-of the duty owed by Appellants into Financial away from Danielsville and covered of the their mobile house, therefore the car and also the pickup owned by Bobby. Appellants’ Modified Part 13 Package did not bring you to Appellee’s shelter action is actually *922 to be met or extinguished up on the culmination away from plan costs. (Id.) Appellee failed to object to Appellants’ Modified Chapter thirteen Plan.
Into , the fresh case of bankruptcy legal registered an order confirming Appellants’ Changed Part thirteen Plan. (Ex lover. P-six so you can Tr., Buy Guaranteeing Bundle.) Payments under the Part thirteen bundle was completed because of the Appellants from inside the 2005. (Tr. 7:1-dos.) Towards , the lending company of Danielsville put out their security interest in Appellants’ cellular home and other guarantee protecting the financial obligation. Towards , the fresh bankruptcy proceeding court entered your order granting Appellants’ Section thirteen discharge. A last decree was also registered, closure Appellants’ Chapter 13 situation. Adopting the bill of the release, Appellants produced numerous demands out of Appellee that it draw its security deed towards Appellants’ real-estate met. Although not, Appellee refuted. (Id. on 7:3-8.) Appellants’ Chapter thirteen situation is actually reopened by the buy of your own personal bankruptcy legal into , Appellants submitted an adversary proceeding about case of bankruptcy courtroom. (Id. on 7:8.)