At that time Taylor Bean generated the loan, Appellants’ mobile family was actually set-up toward miles and Appellants had no goal of moving the cellular household regarding property. (Id. on -19.) New rims and axles linked to the halves of mobile family have been removed when Appellants went the fresh mobile house onto the possessions. (Id, during the 41:8-nine.) Also, brand new tongues have been eliminated. (Id. at the 27:6-eight.) Appellants centered good septic system and you can a water well, and just after Taylor Bean generated the borrowed funds, Appellants created an effective mortared cinderblock foundation as much as all four corners from their house. (Id. during the 37:7-38:nine.) Appellants plus installed additional air conditioning units (id. on 42:8-9), and electrical provider, (id. in the -25).
II. Personal bankruptcy Proceedings
(Tr. 5:23-25.) At the time of the new submitting, Bobby are compelled to Appellee for a loan protected by the Appellants’ acres and you can advancements, and you will Appellants was in fact as one obligated to the lending company out-of Danielsville getting a loan secure from the Appellants’ mobile family and you will a motor vehicle and pick up truck owned by Bobby. Into , Appellee filed its safeguarded proof of claim with the bankruptcy judge regarding the amount of $104,, symbolizing the primary and you will pre-petition arrearage owed from the Appellants.
Appellants’ very first advised plan considering, into the related one, you to definitely “[verification with the package tend to extinguish next lien on the [Appellants’] quarters kept from the [the financial institution of Danielsville] because of the diminished value to help with brand new stated lien
Appellants offered and registered the very first proposed Chapter thirteen plan, and that available to get rid of the new arrearage owed to their obligation of the making money courtesy their Section thirteen bundle. Normal post-petition, monthly payments toward obligations would be to be manufactured to help you Appellee physically. (Id. during the 6:1-5.) Appellants went on for a few months pursuing the the processing and make the normal, post-petition, monthly installments right to Appellee. ” (Section thirteen Plan, .) Appellee failed to target so you can Appellants’ basic suggested plan.
For the , Appellants gave payday loan St Ann Highlands notice of your own suggested modification of their Chapter 13 package just before verification. (Pick Ex. P-step three to help you Tr., See away from Mot. to possess Modification of Bundle Just before Verification.) On the proposed changed package, Appellants wanted so you’re able to bifurcate Appellee’s claim involving the secured and you may unsecured piece. (Look for Ex. P-eight to help you Tr., Chapter 13 Package, [hereinafter Modified Part 13 Plan].) In Modified Chapter 13 Bundle, Appellants would be to spend Appellee its safeguarded matter. New unsecured part of Appellee’s claim was to be paid pro rata with the rest of Appellants’ unsecured loan providers. Appellants’ Changed Chapter thirteen Plan taken to an entire percentage of the obligation owed from the Appellants into the Lender off Danielsville and you can safeguarded by the their cellular family, and car and the pickup belonging to Bobby. Appellants’ Changed Chapter 13 Bundle did not promote you to Appellee’s shelter action is actually *922 getting met otherwise extinguished upon the conclusion of plan costs. (Id.) Appellee did not target so you’re able to Appellants’ Altered Chapter thirteen Package.
For the , the personal bankruptcy courtroom inserted an order verifying Appellants’ Altered Section 13 Plan. (Ex lover. P-6 to help you Tr., Acquisition Guaranteeing Package.) Costs underneath the Part 13 package have been accomplished by Appellants for the 2005. (Tr. 7:1-dos.) Into , the bank away from Danielsville released the coverage demand for Appellants’ mobile domestic additionally the almost every other collateral protecting their debt. To your , this new case of bankruptcy courtroom registered an order granting Appellants’ Chapter thirteen release. A final decree has also been registered, closing Appellants’ Chapter thirteen situation. Following the receipt of its release, Appellants made numerous desires from Appellee this mark its safeguards deed into Appellants’ real property fulfilled. But not, Appellee refuted. (Id. on eight:3-8.) Appellants’ Chapter thirteen circumstances are reopened by buy of your bankruptcy court into the , Appellants filed a challenger continuing on the bankruptcy proceeding legal. (Id. in the eight:8.)
