At the time Taylor Bean generated the borrowed funds, Appellants’ mobile house got set-up into the acres and you can Appellants didn’t come with goal of moving the fresh new mobile house on house. (Id. in the -19.) The rims and you may axles attached to the halves of one’s cellular family were eliminated whenever Appellants moved the fresh cellular household on the possessions. (Id, from the 41:8-9.) In addition, this new tongues have been eliminated. (Id. at the 27:6-7.) Appellants dependent a beneficial septic program and a liquids better, and you will immediately after Taylor Bean made the mortgage, Appellants created an effective mortared cinderblock foundation as much as all edges out of their home. (Id. during the 37:7-38:nine.) Appellants and additionally strung exterior ac units (id. at 42:8-9), including electronic solution, (id. on -25).
II. Case of bankruptcy Legal proceeding
(Tr. 5:23-twenty-five.) In the course of brand new filing, Bobby are obligated to Appellee for a loan shielded because of the Appellants’ acres and you can advancements, and you will Appellants was as one forced to the bank out-of Danielsville for financing safeguarded by Appellants’ cellular house and an automobile and you may pick up truck belonging to Bobby. For the , Appellee submitted its shielded proof of claim toward bankruptcy court on the quantity of $104,, symbolizing the main and you can pre-petition arrearage owed by Appellants.
Appellants’ basic suggested bundle offered, for the pertinent that, one “[verification of the package tend to extinguish the following lien on the [Appellants’] residence held by the [the lending company from Danielsville] as a result of the diminished well worth to help with the latest said lien
Appellants supported and recorded their basic proposed Section thirteen package, hence available to clean out new arrearage due on the duty from the while making money compliment of the Chapter thirteen bundle. Typical article-petition, monthly payments to the obligation would be to be made so you can Appellee in person. (Id. from the six:1-5.) Appellants proceeded for a few weeks after the its submitting and then make its regular, post-petition, monthly obligations right to Appellee. ” (Section thirteen Bundle, .) Appellee did not object to Appellants’ basic proposed bundle.
Towards the , Appellants provided see of your own suggested modification of their Part 13 bundle in advance of confirmation. (See Ex. P-3 to Tr., See from Mot. to have Amendment away from Plan Just before Verification.) On recommended altered bundle, Appellants wanted so you’re able to bifurcate Appellee’s allege involving the secure and unsecured portion. (Get a hold of Ex. P-7 to Tr., Section 13 Bundle, [hereinafter Altered Part thirteen Package].) According to the Modified Part thirteen Plan, Appellants was to spend Appellee their secure count. The fresh new unsecured portion of Appellee’s claim would be to be distributed specialist rata the remainder of Appellants’ unsecured loan providers. Appellants’ Changed Section thirteen Bundle delivered to a full americash loans Severance percentage regarding the obligation due by the Appellants into Lender regarding Danielsville and you may shielded because of the its cellular family, and the vehicles additionally the pickup owned by Bobby. Appellants’ Changed Chapter thirteen Bundle did not promote you to Appellee’s cover action is *922 as satisfied or extinguished through to the culmination away from plan payments. (Id.) Appellee don’t target to help you Appellants’ Changed Section 13 Bundle.
Into the , the fresh personal bankruptcy courtroom entered your order verifying Appellants’ Modified Part thirteen Plan. (Ex. P-6 to help you Tr., Order Verifying Plan.) Repayments in Section thirteen plan was basically complete of the Appellants in the 2005. (Tr. 7:1-2.) Toward , the financial institution from Danielsville put out their shelter demand for Appellants’ cellular home in addition to other equity protecting their loans. With the , brand new bankruptcy proceeding judge inserted your order granting Appellants’ Section thirteen launch. A final decree has also been joined, closing Appellants’ Part 13 instance. Following the bill of the launch, Appellants produced several requests of Appellee that it draw its protection deed toward Appellants’ real property met. Although not, Appellee rejected. (Id. at seven:3-8.) Appellants’ Section 13 instance are reopened from the buy of one’s case of bankruptcy courtroom into , Appellants submitted an enemy proceeding in the bankruptcy proceeding judge. (Id. during the eight:8.)