At the time Taylor Bean produced the mortgage, Appellants’ cellular home got arranged on the miles and you can Appellants had no goal of swinging the fresh mobile house on land. (Id. from the -19.) This new tires and you can axles linked to the halves of one’s cellular house was basically removed whenever Appellants went brand new mobile household on the assets. (Id, in the 41:8-nine.) Furthermore, the fresh new tongues were got rid of. (Id. within twenty seven:6-eight.) Appellants mainly based a great septic program and you may a liquid well, and you will immediately after Taylor Bean made the mortgage, Appellants constructed a great mortared cinderblock base around all four sides out-of their property. (Id. from the 37:7-38:9.) Appellants and installed exterior air conditioning units (id. at the 42:8-9), also electricity service, (id. from the -25).
(Tr. 5:23-twenty-five.) In the course of the submitting, Bobby try compelled to Appellee for a loan shielded of the Appellants’ miles and advancements, and you can Appellants were as one obligated to the financial institution away from Danielsville having financing protected from the Appellants’ cellular house and an auto and you will pickup owned by Bobby. To the , Appellee filed the covered proof allege on the bankruptcy proceeding court on quantity of $104,, symbolizing the principal and you will pre-petition arrearage due because of the Appellants.
Appellants supported and you can registered the very first suggested Part 13 bundle, which available to lose the fresh new arrearage owed on their duty by the making payments compliment of the Section thirteen plan. Typical post-petition, monthly payments into obligations were to be made to Appellee personally. (Id. in the 6:1-5.) Appellants proceeded for a few days after the the filing and make the normal, post-petition, monthly installments right to Appellee. ” (Chapter 13 Bundle, .) Appellee did not target to Appellants’ first recommended plan.
For the , Appellants offered find of your suggested modification of their Section thirteen package in advance of verification. (Come across Ex lover. P-step three so you can Tr., Notice out-of Mot. to possess Amendment out-of Plan Before Confirmation.) On suggested modified package, Appellants needed in order to bifurcate Appellee’s claim between the shielded and you will unsecured part. (Discover Ex lover. P-eight so you can Tr., Part thirteen Bundle, [hereinafter Modified Chapter thirteen Plan].) In americash loans Granby Altered Part 13 Bundle, Appellants were to spend Appellee the covered count. The newest unsecured percentage of Appellee’s allege would be to be distributed professional rata with the rest of Appellants’ unsecured loan providers. Appellants’ Altered Part thirteen Plan provided for a complete payment from the obligation due from the Appellants to your Bank out of Danielsville and covered from the the mobile home, and also the vehicle while the pickup belonging to Bobby. Appellants’ Altered Part 13 Bundle didn’t promote that Appellee’s coverage action was *922 becoming met otherwise extinguished on the completion from bundle repayments. (Id.) Appellee don’t target to help you Appellants’ Altered Chapter thirteen Bundle.
Towards , the newest bankruptcy proceeding courtroom entered your order confirming Appellants’ Altered Section thirteen Bundle. (Ex lover. P-six in order to Tr., Order Guaranteeing Bundle.) Repayments under the Section thirteen plan were done because of the Appellants from inside the 2005. (Tr. 7:1-2.) Into , the financial institution out-of Danielsville put-out the defense demand for Appellants’ cellular house and the other security protecting its debt. On the , brand new bankruptcy proceeding legal inserted an order granting Appellants’ Part 13 discharge. A last decree was also inserted, closing Appellants’ Chapter thirteen case. After the receipt of their launch, Appellants produced numerous desires out-of Appellee so it draw its safeguards action for the Appellants’ real estate fulfilled. However, Appellee refused. (Id. in the seven:3-8.) Appellants’ Chapter 13 circumstances are reopened because of the order of the case of bankruptcy court with the , Appellants recorded a challenger proceeding regarding bankruptcy court. (Id. on seven:8.)