At that time Taylor Bean produced the loan, Appellants’ cellular household is setup toward miles and you may Appellants didn’t come with aim of swinging the new cellular household about house. (Id. at the -19.) The newest rims and you can axles connected to the halves of cellular family was indeed eliminated when Appellants moved the cellular household on the assets. (Id, on 41:8-9.) Furthermore, new tongues was in fact got rid of. (Id. from the twenty seven:6-seven.) Appellants dependent an excellent septic program and you will a liquid well, and just after Taylor Bean generated the loan, Appellants built a mortared cinderblock basis as much as all sides out of their residence. (Id. from the 37:7-38:9.) Appellants including installed outside air conditioners (id. on 42:8-9), plus electric service, (id. within -25).
II. Personal bankruptcy Procedures
(Tr. 5:23-twenty five.) At the time of new submitting, Bobby try obligated to Appellee for a financial loan covered by the Appellants’ miles and you will improvements, and you can Appellants was indeed together obligated to the lending company out-of Danielsville getting that loan covered of the Appellants’ cellular home and you will an automible and you may pickup owned by Bobby. To your , Appellee registered the shielded evidence of claim into the bankruptcy proceeding legal from the level of $104,, representing the primary and you will pre-petition arrearage due from the Appellants.
Appellants’ first recommended package given, inside the appropriate you to definitely, that “[confirmation regarding the bundle often extinguish the next lien to your [Appellants’] residence held by the [the bank regarding Danielsville] as a result of the shortage of worth to help with the brand new said lien
Appellants offered and registered their very first proposed Section thirteen package, which offered to eradicate the fresh arrearage due to loans Sawpit their duty of the and make payments as a consequence of its Part 13 plan. Regular article-petition, monthly payments with the obligations would be to be manufactured so you can Appellee in person. (Id. on six:1-5.) Appellants continued for several weeks after the the processing to make its normal, post-petition, monthly installments straight to Appellee. ” (Part 13 Plan, .) Appellee failed to target so you can Appellants’ very first advised package.
Towards the , Appellants offered observe of proposed modification of the Chapter 13 package just before verification. (See Ex lover. P-step three to help you Tr., Observe regarding Mot. to possess Modification regarding Bundle Before Confirmation.) From the advised altered plan, Appellants wanted so you can bifurcate Appellee’s claim amongst the safeguarded and unsecured portion. (Find Ex lover. P-7 to help you Tr., Part thirteen Package, [hereinafter Modified Part 13 Package].) Underneath the Modified Section thirteen Package, Appellants was to shell out Appellee its safeguarded number. The new unsecured percentage of Appellee’s claim was to be distributed professional rata with the rest of Appellants’ unsecured loan providers. Appellants’ Altered Part thirteen Plan provided for a complete percentage out of the responsibility owed by Appellants towards Financial of Danielsville and you will protected from the its mobile home, additionally the automobile in addition to pick up truck belonging to Bobby. Appellants’ Changed Chapter 13 Plan did not give one Appellee’s defense action try *922 to get satisfied otherwise extinguished abreast of the completion away from package costs. (Id.) Appellee did not object so you’re able to Appellants’ Changed Section 13 Bundle.
Into , this new bankruptcy proceeding courtroom inserted your order verifying Appellants’ Changed Chapter 13 Package. (Ex lover. P-6 so you’re able to Tr., Acquisition Confirming Package.) Money under the Section thirteen plan was basically done by the Appellants for the 2005. (Tr. 7:1-2.) Into the , the bank of Danielsville put-out their safeguards demand for Appellants’ cellular home additionally the most other collateral securing its obligations. To your , the newest bankruptcy proceeding court registered your order granting Appellants’ Chapter thirteen release. A last decree has also been registered, closing Appellants’ Part thirteen instance. Following the bill of their discharge, Appellants generated multiple needs of Appellee that it mark the defense deed to your Appellants’ real estate satisfied. However, Appellee refused. (Id. during the seven:3-8.) Appellants’ Part thirteen circumstances is actually reopened by buy of your own bankruptcy legal into the , Appellants recorded a challenger continuing on bankruptcy proceeding court. (Id. at 7:8.)