At the time Taylor Bean generated the borrowed funds, Appellants’ mobile household ended up being set up towards miles and you can Appellants had no intention of swinging the fresh mobile house about house. (Id. within -19.) Brand new tires and you can axles attached to the halves of cellular domestic have been removed whenever Appellants gone brand new cellular domestic onto the property. (Id, at 41:8-9.) Additionally, the fresh tongues was indeed removed. (Id. within twenty seven:6-eight.) Appellants created a beneficial septic program and you can a water really, and shortly after Taylor Bean produced the mortgage, Appellants created a beneficial mortared cinderblock basis around all four corners off their property. (Id. at the 37:7-38:nine.) Appellants and strung outside air conditioners (id. on 42:8-9), and additionally electronic services, (id. in the -25).
II. Bankruptcy proceeding Procedures
(Tr. 5:23-twenty-five.) In the course of this new filing, Bobby are forced to Appellee for a loan secure from the Appellants’ miles and you will developments, and you can Appellants was indeed as you forced to the bank out of Danielsville to have a loan shielded by Appellants’ mobile house and you may a motor vehicle and you may pick up truck belonging to Bobby. Into the , Appellee submitted their covered proof of claim for the bankruptcy proceeding courtroom regarding amount of $104,, representing the main and you will pre-petition arrearage due of the Appellants.
Appellants’ first recommended package offered, in related one to, you to “[verification of the package usually extinguish the second lien into the [Appellants’] house stored by the [the bank from Danielsville] due to the diminished really worth to support the brand new said lien
Appellants offered and you can registered the basic suggested Chapter thirteen plan, and this open to eradicate the latest arrearage due on the obligations because of the and then make payments through the Part 13 bundle. Typical post-petition, monthly premiums to your duty was to be produced to Appellee personally. (Id. from the 6:1-5.) Appellants continued for several weeks following the processing and come up with its typical, post-petition, monthly installments directly to Appellee. ” (Section 13 Bundle, .) Appellee failed to object so you can Appellants’ basic advised bundle.
Into the , Appellants gave notice of proposed modification of the Chapter thirteen plan prior to verification. (Come across Ex lover. P-3 so you can Tr., Notice out-of Mot. to have Modification out-of Plan Prior to Confirmation.) Throughout the advised altered bundle, Appellants found in order to bifurcate Appellee’s claim involving the shielded and unsecured section. (See Ex. P-seven in order to Tr., Section thirteen Bundle, [hereinafter Changed Part thirteen Bundle].) Underneath the Altered Part 13 Package, Appellants was to shell out Appellee their secured matter. Brand new unsecured part of Appellee’s allege was to be paid pro rata the remainder of Appellants’ unsecured creditors. Appellants’ Changed Section thirteen Bundle delivered to a complete fee regarding the responsibility due because of the Appellants to your Lender away from Danielsville and secure because of the its cellular family, and vehicle additionally the pickup truck belonging to Bobby. Appellants’ Changed Section 13 Package failed to give you to definitely Appellee’s security deed try *922 as came across otherwise extinguished through to the conclusion from bundle costs. (Id.) Appellee didn’t object to Appellants’ Altered Part thirteen Plan.
On , the brand new personal bankruptcy legal joined your order verifying Appellants’ Modified Section 13 Plan. (Ex. P-six to help you Tr., Buy Verifying Package.) Costs in Part 13 bundle have been accomplished by the Appellants from inside the 2005. (Tr. 7:1-2.) Into , the lending company off Danielsville released the coverage demand for Appellants’ cellular domestic together with most other collateral securing its loans. Into the , the latest personal bankruptcy courtroom registered an order granting Appellants’ Section 13 release. A final decree has also been inserted, closure Appellants’ Part thirteen circumstances. Pursuing the acknowledgment of its discharge, Appellants generated numerous requests out of Appellee so it draw the cover action towards the Appellants’ real estate satisfied. However, Appellee denied. (Id. on seven:3-8.) Appellants’ Part thirteen case is reopened of the acquisition of your bankruptcy proceeding court into , Appellants submitted https://paydayloancolorado.net/calhan/ an opponent continuing regarding the personal bankruptcy court. (Id. at the seven:8.)