With the , Appellants recorded to own Section 13 bankruptcy recovery
During the time Taylor Bean produced the borrowed funds, Appellants’ cellular family got created for the miles and you can Appellants didn’t come with goal of moving brand new mobile family in the home. (Id. during the -19.) The latest tires and you will axles connected to the halves of your own mobile household was indeed got rid of when Appellants went the fresh mobile household onto the property. (Id, at the 41:8-nine.) In addition, the fresh new tongues had been eliminated. (Id. during the twenty seven:6-7.) Appellants dependent a septic program and you will a drinking water better, and you will after Taylor Bean produced the borrowed funds, Appellants created a mortared cinderblock basis to all four corners off their residence. (Id. within 37:7-38:nine.) Appellants and additionally strung additional air conditioning units (id. during the 42:8-9), also electricity services, (id. within -25).
II. Personal bankruptcy Proceedings
(Tr. 5:23-twenty-five.) During the time of new submitting, Bobby was forced to Appellee for a loan secure by Appellants’ miles and you can advancements, and you will Appellants was indeed as one compelled to the bank away from Danielsville for financing shielded by Appellants’ mobile house and a motor vehicle and you will pick up truck owned by Bobby. Toward , Appellee filed its secure evidence of allege for the case of bankruptcy courtroom on quantity of $104,, representing the main and pre-petition arrearage due by Appellants.
Appellants’ basic recommended bundle provided, inside the relevant that, one to “[confirmation associated with package will extinguish the next lien with the [Appellants’] home held because of the [the bank out of Danielsville] considering the decreased worth to help with the fresh new reported lien
Appellants served and you will registered its very first suggested Part thirteen package, hence open to get rid of this new arrearage owed to their responsibility by while making costs as a consequence of its Section thirteen bundle. Normal blog post-petition, monthly premiums towards the duty would be to be manufactured to Appellee yourself. (Id. during the 6:1-5.) Appellants continued for a few months following their filing to make its typical, post-petition, monthly installments directly to Appellee. ” (Part 13 Package, .) Appellee did not object in order to Appellants’ first suggested plan.
Into , Appellants provided see of your recommended amendment of the Chapter 13 package prior to verification. (Discover Ex lover. P-step 3 so you’re able to Tr., See out of Mot. to possess Amendment out-of Bundle Prior to Verification.) From the suggested altered plan, Appellants tried to help you bifurcate Appellee’s allege between the covered and unsecured part. (Select Ex. P-seven so you can Tr., Part 13 Package, [hereinafter Modified Section thirteen Plan].) Beneath the Altered Chapter 13 Plan, Appellants would be to shell out Appellee the secured count. This new unsecured percentage of Appellee’s claim was to be paid professional rata the rest of Appellants’ unsecured creditors. Appellants’ Altered Part 13 Bundle taken to a full payment from the obligation due of the Appellants towards the Financial off Danielsville and you will shielded by its mobile home, while the auto plus the pick up truck belonging to Bobby. Appellants’ Altered Chapter 13 Bundle don’t bring you to definitely Appellee’s safeguards action is actually *922 to be satisfied or extinguished abreast of the completion of plan repayments. (Id.) Appellee didn’t object in order to Appellants’ Changed Chapter 13 Package.
With the , the new case of bankruptcy legal joined your order guaranteeing Appellants’ Altered Section thirteen Plan. (Ex. P-six so you can Tr., Buy Guaranteeing Package.) Payments beneath the Section 13 plan was in fact completed of the Appellants from inside the 2005. (Tr. 7:1-2.) To the , the bank away from Danielsville create its safeguards demand for Appellants’ mobile house while the almost every other security protecting their personal debt. With the , the fresh new personal bankruptcy judge registered your order giving Appellants’ Section 13 discharge. A final decree has also been entered, closing Appellants’ Chapter 13 circumstances. Following receipt of their release, Appellants made multiple needs out of Appellee which draw the protection deed with the Appellants’ real estate met. However, Appellee denied. (Id. from the seven:3-8.) Appellants’ Section thirteen case try reopened from the order of one’s personal bankruptcy legal towards the , Appellants submitted a challenger proceeding on the bankruptcy court. (Id. within seven:8.)
