During the time Taylor Bean made the mortgage, Appellants’ cellular house is install into the miles and Appellants had no aim of moving the latest mobile home on house. (Id. from the -19.) The brand new wheels and you may axles attached to the halves of mobile family was in fact got rid of when Appellants gone the fresh cellular household on the assets. (Id, during the 41:8-9.) Additionally, the brand new tongues was basically eliminated. (Id. in the 27:6-eight.) Appellants centered a good septic program and you may a drinking water well, and immediately after Taylor Bean made the borrowed funds, Appellants created a good mortared cinderblock basis to all edges from their house. (Id. from the 37:7-38:nine.) Appellants including hung outside air conditioners (id. during the 42:8-9), including electrical services, (id. from the -25).
II. Case of bankruptcy Procedures
(Tr. 5:23-twenty five.) At the time of the fresh submitting, Bobby is obligated to Appellee for a loan safeguarded of the Appellants’ miles and you can improvements, and you will Appellants was jointly compelled to the lending company out-of Danielsville having financing protected of the Appellants’ cellular family and you can a car or truck and you may pick up truck owned by Bobby. Into , https://paydayloancolorado.net/san-acacio/ Appellee registered the safeguarded proof of allege to the personal bankruptcy court regarding the amount of $104,, representing the primary and you will pre-petition arrearage due by Appellants.
Appellants’ very first proposed plan offered, from inside the relevant one to, one to “[verification associated with package usually extinguish the next lien towards [Appellants’] home stored of the [the lending company from Danielsville] due to the lack of really worth to help with the new reported lien
Appellants offered and you can submitted the very first proposed Section thirteen bundle, and therefore accessible to clean out the latest arrearage due to their responsibility from the making repayments as a result of the Chapter thirteen plan. Regular post-petition, monthly premiums to the duty were to be manufactured to help you Appellee directly. (Id. within 6:1-5.) Appellants proceeded for several days adopting the their submitting to make their typical, post-petition, monthly premiums to Appellee. ” (Section thirteen Bundle, .) Appellee did not target to Appellants’ basic proposed package.
To your , Appellants offered observe of one’s suggested amendment of their Section 13 plan just before verification. (Get a hold of Ex. P-3 to Tr., Observe from Mot. to have Modification away from Plan In advance of Verification.) On proposed modified bundle, Appellants sought so you can bifurcate Appellee’s claim involving the covered and you may unsecured piece. (Discover Ex lover. P-7 so you’re able to Tr., Chapter thirteen Plan, [hereinafter Changed Part 13 Bundle].) Within the Altered Part 13 Package, Appellants was to shell out Appellee the secured number. New unsecured portion of Appellee’s claim was to be distributed professional rata the remainder of Appellants’ unsecured creditors. Appellants’ Altered Part 13 Package provided for the full payment out of the responsibility due of the Appellants into Lender out-of Danielsville and you will secure by the their cellular household, together with vehicle additionally the pickup truck owned by Bobby. Appellants’ Changed Section 13 Plan failed to offer that Appellee’s protection deed are *922 becoming met otherwise extinguished through to the culmination from plan costs. (Id.) Appellee don’t object so you can Appellants’ Modified Part thirteen Package.
For the , the fresh personal bankruptcy judge registered your order confirming Appellants’ Changed Chapter thirteen Package. (Ex lover. P-6 in order to Tr., Buy Confirming Bundle.) Payments underneath the Chapter 13 bundle was basically complete of the Appellants in the 2005. (Tr. 7:1-2.) On , the bank regarding Danielsville create their safety need for Appellants’ cellular household while the other security securing its loans. Into the , new case of bankruptcy judge registered an order granting Appellants’ Chapter thirteen launch. A last decree has also been entered, closing Appellants’ Section 13 situation. Adopting the receipt of its discharge, Appellants produced several needs out-of Appellee so it mark their defense deed with the Appellants’ property found. Yet not, Appellee denied. (Id. on seven:3-8.) Appellants’ Chapter 13 instance try reopened by acquisition of the bankruptcy legal into , Appellants recorded an adversary proceeding about personal bankruptcy judge. (Id. on seven:8.)