At the time Taylor Bean produced the loan, Appellants’ mobile house was actually set up to the acres and you may Appellants didn’t come with intention of moving the mobile house regarding residential property. (Id. from the -19.) The brand new rims and you will axles attached to the halves of your own cellular house were eliminated whenever Appellants went the cellular home on the assets. (Id, on 41:8-9.) Also, brand new tongues was got rid of. (Id. in the twenty-seven:6-eight.) Appellants oriented a good septic system and a h2o really, and you will immediately following Taylor Bean generated the mortgage, Appellants created an effective mortared cinderblock base as much as all sides of their house. (Id. in the 37:7-38:9.) Appellants including hung additional air conditioners (id. at 42:8-9), and electronic services, (id. at the -25).
II. Bankruptcy Legal proceeding
(Tr. 5:23-25.) During the time of the processing, Bobby try compelled to Appellee for a loan protected of the Appellants’ miles and improvements, and you may Appellants were as you forced to the bank away from cash loans Parachute no credit check Danielsville to have that loan secure of the Appellants’ cellular domestic and you may an automobile and pick up truck belonging to Bobby. To your , Appellee recorded the secured evidence of claim to your bankruptcy courtroom in the amount of $104,, representing the main and you will pre-petition arrearage owed of the Appellants.
Appellants’ very first suggested package given, in the pertinent you to, you to «[verification of the bundle have a tendency to extinguish the second lien to your [Appellants’] house held by the [the bank of Danielsville] as a result of the decreased worth to support the fresh new claimed lien
Appellants served and you may filed the earliest proposed Section thirteen package, which available to beat the new arrearage owed on the obligations of the and then make repayments due to the Chapter thirteen package. Regular blog post-petition, monthly obligations on duty would be to be made to Appellee really. (Id. at the six:1-5.) Appellants went on for several weeks following its filing and also make the normal, post-petition, monthly payments directly to Appellee. » (Chapter thirteen Plan, .) Appellee didn’t object in order to Appellants’ very first recommended package.
On , Appellants offered notice of the advised modification of the Chapter 13 plan ahead of verification. (Select Ex lover. P-step three so you’re able to Tr., Observe out-of Mot. to own Amendment regarding Bundle In advance of Confirmation.) Regarding the proposed changed plan, Appellants wanted in order to bifurcate Appellee’s claim within secure and unsecured piece. (Pick Ex. P-eight in order to Tr., Section 13 Plan, [hereinafter Changed Chapter 13 Plan].) Under the Changed Section 13 Bundle, Appellants were to shell out Appellee its safeguarded matter. New unsecured portion of Appellee’s allege would be to be distributed specialist rata with the rest of Appellants’ unsecured financial institutions. Appellants’ Changed Part thirteen Package sent to an entire commission off the responsibility owed of the Appellants towards the Financial off Danielsville and you may secured by its cellular household, and also the vehicles together with pick up truck belonging to Bobby. Appellants’ Changed Part thirteen Plan don’t provide one to Appellee’s protection deed are *922 become came across otherwise extinguished abreast of the conclusion from plan money. (Id.) Appellee don’t object to help you Appellants’ Modified Chapter thirteen Bundle.
On the , the bankruptcy judge joined an order verifying Appellants’ Modified Part thirteen Package. (Ex. P-six to Tr., Acquisition Confirming Plan.) Repayments according to the Chapter thirteen plan was basically completed of the Appellants within the 2005. (Tr. 7:1-dos.) For the , the bank out-of Danielsville put-out their coverage interest in Appellants’ cellular house plus the other guarantee protecting their obligations. On the , new bankruptcy judge entered an order granting Appellants’ Chapter thirteen release. A last decree has also been joined, closing Appellants’ Chapter thirteen circumstances. Following the bill of the release, Appellants generated numerous needs regarding Appellee it draw the cover deed towards the Appellants’ real-estate satisfied. But not, Appellee refused. (Id. on seven:3-8.) Appellants’ Chapter 13 instance are reopened by acquisition of your own personal bankruptcy court to the , Appellants filed an adversary proceeding regarding case of bankruptcy courtroom. (Id. within 7:8.)
