During the time Taylor Bean produced the borrowed funds, Appellants’ cellular home had been install to the acres and you can Appellants had no intention of swinging the new mobile house on house. (Id. at -19.) The latest wheels and you may axles connected to the halves of one’s cellular family have been removed whenever Appellants went the newest cellular home on the possessions. (Id, on 41:8-9.) Also, brand new tongues was indeed got rid of. (Id. at the twenty-seven:6-7.) Appellants established good septic system and you will a drinking water well, and shortly after Taylor Bean generated the mortgage, Appellants created a great mortared cinderblock basis up to all corners out of their residence. (Id. in the 37:7-38:9.) Appellants also hung exterior air conditioners (id. at the 42:8-9), together with electrical provider, (id. during the -25).
II. Case of bankruptcy Process
(Tr. 5:23-twenty five.) In the course of the latest processing, Bobby is actually forced to Appellee for a loan secured from the Appellants’ acres and you will developments, and you may Appellants have been together obligated to the financial institution from Danielsville having that loan secured by Appellants’ cellular house and you can an automible and pick up truck owned by Bobby. On , Appellee submitted its protected proof of allege into the bankruptcy proceeding courtroom regarding quantity of $104,, symbolizing the primary and pre-petition arrearage owed from the Appellants.
Appellants’ first suggested plan provided, in the appropriate you to definitely, one “[confirmation of the bundle often extinguish the second lien into [Appellants’] residence kept of the [the bank off Danielsville] as a result of the insufficient worthy of to support the newest said lien
Appellants offered and you may registered the first advised Part 13 package, and that accessible to eliminate the arrearage due on the responsibility from the to make costs courtesy its Chapter thirteen package. Typical post-petition, monthly obligations for the duty was to be made to Appellee privately. (Id. at the six:1-5.) Appellants proceeded for several days pursuing the their submitting and come up with the regular, post-petition, monthly premiums directly to Appellee. ” (Part thirteen Package, .) Appellee don’t target in order to Appellants’ earliest recommended package.
Into the , Appellants gave see of your proposed amendment of the Chapter thirteen plan just before confirmation. (Get a hold of Ex lover. P-3 to Tr., Observe off Mot. to own Amendment away from Bundle In advance of Confirmation.) Throughout the suggested changed plan, Appellants needed to help you bifurcate Appellee’s claim amongst the protected and unsecured piece. (Pick Ex lover. P-eight so you’re able to Tr., Chapter thirteen Plan, [hereinafter Modified Part 13 Package].) Underneath the Changed Section thirteen Plan, Appellants was to pay Appellee its covered count. The brand new unsecured percentage of Appellee’s allege would be to be distributed specialist rata the remainder of Appellants’ unsecured financial institutions. Appellants’ Changed Part thirteen Plan delivered to a full payment out-of the obligation owed from the Appellants towards Financial from Danielsville and you will shielded of the its mobile household, and vehicle and pickup truck belonging to Bobby. Appellants’ Altered Section 13 Bundle don’t provide that Appellee’s defense deed is actually *922 becoming fulfilled or extinguished up on the completion off plan payments. (Id.) Appellee don’t target to Appellants’ Changed Part 13 Plan.
Towards the , the latest personal bankruptcy courtroom entered your order guaranteeing Appellants’ Modified Part 13 Plan. (Ex. P-six so you’re able to Tr., Order Guaranteeing Package.) Money according to the Chapter 13 bundle was indeed done from the Appellants for the 2005. (Tr. 7:1-dos.) With the , the lending company regarding Danielsville create their cover interest in Appellants’ mobile domestic therefore the most loan places Silverton other collateral securing the financial obligation. Toward , the case of bankruptcy court joined an order granting Appellants’ Part 13 launch. A last decree was also joined, closure Appellants’ Section 13 circumstances. Following acknowledgment of the discharge, Appellants generated several demands off Appellee this draw the cover action to your Appellants’ real property met. However, Appellee declined. (Id. at the 7:3-8.) Appellants’ Section 13 circumstances try reopened from the buy of your own personal bankruptcy judge on the , Appellants registered an adversary proceeding from the case of bankruptcy court. (Id. in the seven:8.)
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