At that time Taylor Bean produced the loan, Appellants’ cellular household is build to your miles and you can Appellants had no goal of moving the newest cellular family about land. (Id. at the -19.) The fresh tires and axles linked to the halves of mobile family had been removed whenever Appellants gone the brand new mobile domestic onto the property. (Id, during the 41:8-nine.) Furthermore, the tongues was in fact eliminated. (Id. at the twenty-seven:6-7.) Appellants mainly based a beneficial septic system and you will a drinking water really, and you may after Taylor Bean produced the mortgage, Appellants developed an effective mortared cinderblock base as much as all four sides out-of their property. (Id. during the 37:7-38:nine.) Appellants also hung external air conditioning units (id. on 42:8-9), along with electronic service, (id. within -25).
II. Bankruptcy Process
(Tr. 5:23-25.) In the course of the newest filing, Bobby try compelled to Appellee for a financial loan secured by the Appellants’ acres and you can advancements, and Appellants have been together compelled to the lending company from Danielsville for that loan covered from the Appellants’ cellular home and you will an automible and pickup belonging to Bobby. To the , Appellee registered its secure proof of allege on case of bankruptcy court about quantity of $104,, representing the principal and you will pre-petition arrearage due of the Appellants.
Appellants’ earliest suggested package given, during the appropriate that, one “[verification in the plan will extinguish next lien with the [Appellants’] household kept because of the [the lending company out of Danielsville] considering the decreased really worth to support the fresh reported lien
Appellants served and you can submitted their earliest proposed Chapter 13 plan, hence accessible to reduce the newest arrearage due to their obligation from the and also make payments due to the Part thirteen package. Typical post-petition, monthly obligations into the responsibility would be to be made so you can Appellee physically. (Id. from the 6:1-5.) Appellants went on for a couple weeks following its processing and work out the typical, post-petition, monthly installments straight to Appellee. ” (Part thirteen Bundle, .) Appellee didn’t object to help you Appellants’ earliest suggested plan.
To your , Appellants offered notice of your own advised amendment of the Chapter thirteen bundle ahead of confirmation. (Look for Ex lover. P-step three so you can Tr., See away from Mot. to have Amendment from Package Ahead of Verification.) From the suggested modified package, Appellants tried to help you bifurcate Appellee’s claim involving the shielded and you may unsecured section. (Pick Ex lover. P-7 so you’re able to Tr., Part 13 Bundle, [hereinafter Altered Chapter 13 Bundle].) Under the Altered Part thirteen Package, Appellants was to spend Appellee the secured number. The unsecured percentage of Appellee’s allege would be to be distributed expert rata the rest of Appellants’ unsecured loan providers. Appellants’ Modified Chapter 13 Package provided for a full payment regarding the duty owed by the Appellants with the Financial off Danielsville and covered of the their mobile household, and vehicle additionally the pickup truck owned by Bobby. Appellants’ Changed Section 13 Package didn’t give one to Appellee’s defense action is actually *922 as fulfilled otherwise extinguished through to the culmination out of bundle costs. (Id.) Appellee did not target so you can Appellants’ Changed Chapter thirteen Bundle.
On , the brand new personal bankruptcy court inserted your order guaranteeing Appellants’ Changed Section 13 Bundle. bad ceedit loan in Saguache (Ex lover. P-six to Tr., Acquisition Guaranteeing Package.) Costs beneath the Part thirteen plan was in fact accomplished of the Appellants within the 2005. (Tr. 7:1-2.) Towards , the bank regarding Danielsville put out their defense interest in Appellants’ mobile domestic and also the most other collateral securing the loans. To your , this new personal bankruptcy judge registered an order giving Appellants’ Chapter thirteen discharge. A final decree was also registered, closing Appellants’ Section thirteen case. Pursuing the bill of the discharge, Appellants generated numerous desires out of Appellee this mark their shelter action into Appellants’ real-estate met. not, Appellee declined. (Id. at the seven:3-8.) Appellants’ Chapter 13 case are reopened by order of the case of bankruptcy courtroom toward , Appellants submitted an adversary proceeding on the case of bankruptcy legal. (Id. within seven:8.)