At the time Taylor Bean made the loan, Appellants’ mobile home had been developed into acres and you will Appellants didn’t come with goal of swinging the latest mobile domestic in the property. (Id. at -19.) The latest tires and axles attached to the halves of your own mobile house was in fact removed when Appellants moved the fresh new mobile home on the property. (Id, on 41:8-nine.) Also, the newest tongues was in fact got rid of. (Id. on twenty seven:6-eight.) Appellants dependent a good septic system and you can a h2o better, and you will after Taylor Bean generated the mortgage, Appellants built an excellent mortared cinderblock basis around all four sides regarding their house. (Id. during the 37:7-38:nine.) Appellants and additionally strung outside air conditioning units (id. on 42:8-9), in addition to electrical service, (id. within -25).
II. Bankruptcy proceeding Procedures
(Tr. 5:23-twenty-five.) During this new submitting, Bobby is obligated to Appellee for a financial loan secured by Appellants’ acres and you will improvements, and Appellants was basically as one forced to the financial institution out-of Danielsville to own that loan shielded because of the Appellants’ cellular domestic and a car or truck and you may pick up truck owned by Bobby. For the , Appellee submitted its covered proof of claim toward bankruptcy court on the amount of $104,, representing the principal and you may pre-petition arrearage due from the Appellants.
Appellants’ earliest advised plan offered, in the relevant you to, you to definitely «[confirmation of the package tend to extinguish next lien with the [Appellants’] residence held by [the bank off Danielsville] as a result of the lack of well worth to support the brand new stated lien
Appellants served and you can recorded its basic proposed Section 13 bundle, and that available to beat the fresh arrearage due to their responsibility by the and also make payments as a result of the Section 13 bundle. Normal article-petition, monthly installments to the obligation were to be manufactured so you can Appellee directly. (Id. in the six:1-5.) Appellants went on for a few days following the its processing and make its regular, post-petition, monthly obligations right to Appellee. » (Chapter thirteen Plan, .) Appellee failed to target so you’re able to Appellants’ very first proposed plan.
Towards the , Appellants offered see of your suggested modification of their Section 13 package prior to verification. (Find Ex lover. P-3 so you can Tr., Notice regarding Mot. getting Modification off Package Prior to Verification.) On the recommended altered bundle, Appellants tried to help you bifurcate Appellee’s allege amongst the secured and you will unsecured section. (See Ex. P-eight so credit personal loans in IA you’re able to Tr., Section 13 Bundle, [hereinafter Altered Chapter 13 Plan].) Under the Modified Part 13 Plan, Appellants was to spend Appellee their protected matter. The latest unsecured portion of Appellee’s allege would be to be distributed professional rata the remainder of Appellants’ unsecured financial institutions. Appellants’ Altered Section 13 Plan sent to a complete percentage from the obligation due from the Appellants to the Bank out-of Danielsville and you will protected by the its cellular home, while the vehicles and the pickup belonging to Bobby. Appellants’ Altered Part thirteen Plan don’t provide that Appellee’s protection deed was *922 become satisfied or extinguished on the conclusion out-of plan money. (Id.) Appellee didn’t target so you can Appellants’ Changed Section thirteen Plan.
Toward , this new case of bankruptcy legal entered an order guaranteeing Appellants’ Altered Section 13 Bundle. (Ex lover. P-6 so you’re able to Tr., Order Guaranteeing Plan.) Repayments under the Part thirteen plan was basically done by Appellants from inside the 2005. (Tr. 7:1-2.) To the , the lending company from Danielsville create their safeguards need for Appellants’ mobile domestic and also the most other security securing the personal debt. For the , the latest bankruptcy proceeding legal entered your order granting Appellants’ Section 13 launch. A final decree was also entered, closure Appellants’ Part thirteen instance. After the acknowledgment of their discharge, Appellants made several desires away from Appellee so it draw its defense action to your Appellants’ property found. Although not, Appellee refused. (Id. in the seven:3-8.) Appellants’ Part thirteen case is reopened by the purchase of the bankruptcy proceeding judge toward , Appellants filed an opponent continuing throughout the bankruptcy court. (Id. during the eight:8.)
