At the time Taylor Bean made the mortgage, Appellants’ cellular house was setup to the acres and Appellants had no intention of swinging the latest cellular household on the home. (Id. from the -19.) The latest tires and you may axles connected to the halves of your mobile home have been eliminated when Appellants moved new cellular home on the possessions. (Id, on 41:8-9.) Furthermore, the fresh tongues were got rid of. (Id. within twenty-seven:6-eight.) Appellants dependent good septic system and you may a liquids well, and you will once Taylor Bean made the loan, Appellants built an excellent mortared cinderblock foundation to all four corners of their residence. (Id. during the 37:7-38:nine.) Appellants along with strung exterior air conditioning units (id. at 42:8-9), plus electricity services, (id. at the -25).
II. Bankruptcy Procedures
(Tr. 5:23-twenty-five.) During the fresh new processing, Bobby are compelled to Appellee for a financial loan shielded from the Appellants’ acres and you can improvements, and you will Appellants was indeed together compelled to the lending company from Danielsville to have that loan covered because of the Appellants’ mobile home and an automible and pickup truck belonging to Bobby. On the , Appellee recorded their protected evidence of allege with the case of bankruptcy legal throughout the amount of $104,, symbolizing the main and you can pre-petition arrearage due by the Appellants.
Appellants’ basic recommended bundle given, from inside the appropriate you to, that “[verification regarding the bundle have a tendency to extinguish the second lien for the [Appellants’] household kept of the [the lending company from Danielsville] because of the diminished really worth to support new reported lien
Appellants served and submitted the first advised Chapter 13 bundle, hence offered to eradicate new arrearage owed to their obligations from the and come up with costs using its Part thirteen package. Normal article-petition, monthly payments towards the obligation were to be made to Appellee truly. (Id. in the six:1-5.) Appellants continued for a couple weeks after the the submitting and make their normal, post-petition, monthly installments to Appellee. ” (Chapter thirteen Package, .) Appellee did not object in order to Appellants’ basic suggested plan.
Into the , Appellants gave notice of your own recommended modification of its Part 13 plan before confirmation. (Pick Ex. P-step three so you can Tr., Observe off Mot. getting Amendment out-of Package Just before Verification.) Regarding recommended altered plan, Appellants desired to bifurcate Appellee’s allege involving the secured and you will unsecured part. (Come across Ex. P-seven so you’re able to Tr., Section 13 Package, [hereinafter Changed Section thirteen Package].) Within the Altered Part 13 Bundle, Appellants was to pay Appellee its covered count. The latest unsecured percentage of Appellee’s allege would be to be distributed pro rata with the rest of Appellants’ unsecured creditors. Appellants’ Altered Part thirteen Package provided for a full percentage from the obligation due by Appellants toward Financial from Danielsville and you may safeguarded of the the mobile household, additionally the auto plus the pickup belonging to Bobby. Appellants’ Altered Part thirteen Package don’t https://paydayloansconnecticut.com/southwood-acres/ bring you to Appellee’s defense action is *922 are fulfilled or extinguished through to the conclusion of package money. (Id.) Appellee did not object so you can Appellants’ Changed Section 13 Bundle.
For the , the latest bankruptcy judge entered an order guaranteeing Appellants’ Altered Part 13 Bundle. (Ex. P-6 so you’re able to Tr., Order Guaranteeing Bundle.) Payments under the Part 13 bundle was finished by Appellants inside 2005. (Tr. 7:1-2.) On , the financial institution away from Danielsville create their shelter interest in Appellants’ cellular family in addition to almost every other guarantee securing its obligations. Into , the brand new bankruptcy courtroom joined an order giving Appellants’ Part thirteen discharge. A last decree was also joined, closing Appellants’ Chapter thirteen circumstances. Pursuing the receipt of their release, Appellants produced numerous requests off Appellee so it mark their coverage action towards Appellants’ real estate satisfied. Yet not, Appellee declined. (Id. at the 7:3-8.) Appellants’ Chapter 13 instance is actually reopened because of the acquisition of your bankruptcy legal on the , Appellants recorded an enemy proceeding throughout the bankruptcy proceeding legal. (Id. at eight:8.)