At the time Taylor Bean made the borrowed funds, Appellants’ cellular family ended up being build toward miles and you will Appellants had no aim of swinging the newest mobile household in the homes. (Id. within -19.) The newest rims and you may axles connected to the halves of cellular house was indeed removed when Appellants moved the brand new mobile domestic onto the possessions. (Id, on 41:8-9.) In addition, brand new tongues had been got rid of. (Id. at the twenty-seven:6-7.) Appellants established a good septic program and a liquid better, and you may just after Taylor Bean made the borrowed funds, Appellants created a mortared cinderblock base around all four edges away from their property. (Id. at 37:7-38:9.) Appellants and hung exterior ac units (id. during the 42:8-9), along with electronic service, (id. within -25).
II. Case of bankruptcy Procedures
(Tr. 5:23-25.) During new submitting, Bobby try forced to Appellee for a financial loan shielded by Appellants’ miles and improvements, and you will Appellants was indeed as one forced to the bank out-of Danielsville for that loan secure because of the Appellants’ cellular family and you will a vehicle and you may pickup belonging to Bobby. Toward , Appellee submitted the safeguarded proof claim toward bankruptcy proceeding legal regarding the number of $104,, representing the principal and pre-petition arrearage owed because of the Appellants.
Appellants’ first suggested plan provided, in the pertinent you to definitely, you to definitely “[confirmation associated with the package often extinguish another lien to your [Appellants’] house stored from the [the financial institution out-of Danielsville] considering the lack of value to support the new said lien
Appellants served and you can registered the very first recommended Section 13 plan, and that available to reduce brand new arrearage owed on their responsibility because of the while making money owing to their Section thirteen package. Normal blog post-petition, monthly installments to the obligations was to be manufactured to help you Appellee truly. (Id. at the six:1-5.) Appellants continued for a couple months pursuing the its processing and make their normal, post-petition, monthly payments directly to Appellee. ” (Section thirteen Plan, .) Appellee did not target in order to Appellants’ first advised plan.
Toward , Appellants offered see of your own recommended amendment of their Chapter thirteen package just before confirmation. (Look for Ex. P-step three to help you Tr., Observe out-of Mot. for Modification of Package Just before Verification.) From the recommended modified package, Appellants sought for to bifurcate Appellee’s allege between your secure and you will unsecured piece. (Discover Ex lover. P-eight so you can Tr., Section thirteen Package, [hereinafter Modified Part 13 Package].) In Altered Section thirteen Package, Appellants would be to shell out Appellee the secure matter. The new unsecured portion of Appellee’s allege was to be paid pro rata the remainder of Appellants’ unsecured loan providers. Appellants’ Altered Chapter 13 Bundle provided for a full payment regarding the obligation due by the Appellants towards Bank of Danielsville and secure from the the cellular house, as well as the auto and pickup belonging to Bobby. Appellants’ Altered Chapter 13 Bundle didn’t give you to payday loan alternative Tabernash definitely Appellee’s safety action are *922 as satisfied or extinguished through to the conclusion out of bundle payments. (Id.) Appellee didn’t target in order to Appellants’ Changed Section 13 Package.
With the , new bankruptcy proceeding legal entered your order verifying Appellants’ Altered Section 13 Package. (Ex. P-6 in order to Tr., Buy Verifying Plan.) Repayments in Section thirteen package were done by Appellants into the 2005. (Tr. 7:1-dos.) To your , the lending company away from Danielsville put-out their security interest in Appellants’ mobile home and almost every other security securing their financial obligation. On , the fresh personal bankruptcy courtroom entered an order giving Appellants’ Part thirteen launch. A final decree has also been joined, closure Appellants’ Section thirteen case. After the bill of their discharge, Appellants generated several needs away from Appellee which mark its defense deed to your Appellants’ real-estate met. Although not, Appellee refused. (Id. within eight:3-8.) Appellants’ Chapter thirteen circumstances are reopened from the buy of your case of bankruptcy courtroom for the , Appellants filed an enemy continuing on bankruptcy court. (Id. on eight:8.)