At the time Taylor Bean produced the mortgage, Appellants’ cellular household was establish towards the miles and you can Appellants didn’t come with aim of swinging the brand new cellular house about belongings. (Id. on -19.) The rims and you may axles connected to the halves of your own mobile family have been eliminated whenever Appellants gone brand new cellular house onto the property. (Id, within 41:8-9.) Also, brand new tongues was in fact got rid of. (Id. at twenty seven:6-7.) Appellants established an effective septic program and you will a drinking water really, and you can after Taylor Bean generated the borrowed funds, Appellants developed an effective mortared cinderblock basis doing all sides of their residence. (Id. at the 37:7-38:nine.) Appellants and installed additional ac units (id. within 42:8-9), also electronic solution, (id. from the -25).
II. Bankruptcy Process
(Tr. 5:23-twenty five.) During the time of the fresh new submitting, Bobby is actually compelled to Appellee for a loan covered of the Appellants’ miles and developments, and you will Appellants have been together obligated to the financial institution away from Danielsville for a loan protected from the Appellants’ cellular home and you may an automible and you may pickup owned by Bobby. Into the , Appellee filed the shielded evidence of allege into the bankruptcy judge from the quantity of $104, https://paydayloancolorado.net/vona/, representing the principal and you can pre-petition arrearage due because of the Appellants.
Appellants’ earliest advised bundle given, in appropriate one to, you to ”[confirmation in the plan will extinguish the next lien toward [Appellants’] residence kept from the [the financial institution off Danielsville] considering the lack of well worth to support the newest said lien
Appellants served and you may filed its basic suggested Section thirteen package, and that open to get rid of the latest arrearage due on their obligation by while making money using their Part thirteen plan. Regular blog post-petition, monthly premiums with the responsibility was to be manufactured in order to Appellee myself. (Id. within 6:1-5.) Appellants proceeded for some days adopting the the filing and make the typical, post-petition, monthly payments right to Appellee. ” (Part 13 Bundle, .) Appellee didn’t object so you can Appellants’ earliest advised plan.
To your , Appellants provided notice of your own suggested amendment of the Part 13 package ahead of confirmation. (Look for Ex. P-step 3 to Tr., Find off Mot. to own Amendment of Package Prior to Confirmation.) Regarding the proposed altered package, Appellants tried in order to bifurcate Appellee’s claim between the shielded and you can unsecured section. (Find Ex lover. P-seven so you’re able to Tr., Section 13 Bundle, [hereinafter Modified Section thirteen Bundle].) Under the Modified Chapter thirteen Bundle, Appellants were to shell out Appellee its secure number. This new unsecured part of Appellee’s allege was to be paid specialist rata with the rest of Appellants’ unsecured financial institutions. Appellants’ Changed Section 13 Plan provided for a full payment regarding the obligation owed by the Appellants to the Bank of Danielsville and you can protected by their cellular household, and the car and also the pickup owned by Bobby. Appellants’ Modified Section thirteen Plan failed to render one to Appellee’s safety deed is *922 to be fulfilled or extinguished abreast of the completion out-of plan costs. (Id.) Appellee don’t object so you can Appellants’ Altered Chapter 13 Package.
With the , new bankruptcy judge joined an order guaranteeing Appellants’ Modified Part thirteen Plan. (Ex. P-six to Tr., Order Guaranteeing Bundle.) Costs beneath the Chapter thirteen package were accomplished by the Appellants within the 2005. (Tr. 7:1-dos.) On the , the financial institution off Danielsville create its safeguards interest in Appellants’ cellular family plus the almost every other collateral securing their financial obligation. With the , the fresh bankruptcy court registered your order giving Appellants’ Section thirteen release. A final decree was also joined, closure Appellants’ Section thirteen situation. Following the bill of its discharge, Appellants made multiple needs away from Appellee it mark their security action toward Appellants’ real-estate satisfied. Although not, Appellee declined. (Id. within 7:3-8.) Appellants’ Chapter 13 circumstances try reopened by order of one’s personal bankruptcy judge on the , Appellants registered an enemy continuing from the bankruptcy proceeding legal. (Id. from the seven:8.)
