To the , Appellants filed having Section thirteen bankruptcy proceeding relief
During the time Taylor Bean made the mortgage, Appellants’ cellular household ended up being create towards acres and you may Appellants had no goal of swinging this new mobile household throughout the residential property. (Id. on -19.) The fresh rims and you will axles attached to the halves of the mobile home have been got rid of whenever Appellants went the newest cellular household onto the assets. (Id, from the 41:8-nine.) Additionally, the new tongues was basically eliminated. (Id. from the twenty seven:6-eight.) Appellants created a beneficial septic system and you will a water really, and just after Taylor Bean produced the borrowed funds, Appellants built a mortared cinderblock base around all four edges out-of their property. (Id. within 37:7-38:9.) Appellants in addition to installed additional air conditioners (id. during the 42:8-9), including electric services, (id. on -25).
II. Personal bankruptcy Process
(Tr. 5:23-25.) At the time of the fresh new submitting, Bobby is forced to Appellee for a loan secured by Appellants’ acres and you may developments, and you may Appellants was in fact together obligated to the lending company out-of Danielsville to own that loan covered from the Appellants’ mobile home and you can an automobile and you will pickup truck belonging to Bobby. On , Appellee registered their safeguarded proof claim to your personal bankruptcy legal regarding the amount of $104,, symbolizing best payday loans for self employed the principal and you can pre-petition arrearage due by Appellants.
Appellants’ earliest suggested package considering, within the pertinent one to, you to definitely “[verification in the plan will extinguish the second lien to your [Appellants’] quarters held because of the [the lending company regarding Danielsville] considering the lack of well worth to support brand new said lien
Appellants served and you may registered their first proposed Chapter 13 plan, and this accessible to remove the brand new arrearage owed on their responsibility because of the and also make repayments courtesy their Section thirteen bundle. Normal article-petition, monthly obligations into the responsibility were to be manufactured to Appellee myself. (Id. from the six:1-5.) Appellants went on for several days following its submitting and work out the typical, post-petition, monthly installments directly to Appellee. ” (Chapter 13 Bundle, .) Appellee failed to target so you’re able to Appellants’ first suggested package.
Toward , Appellants provided find of your recommended modification of the Chapter 13 bundle ahead of confirmation. (Look for Ex lover. P-step 3 so you can Tr., See away from Mot. having Amendment off Bundle In advance of Confirmation.) Regarding the recommended altered plan, Appellants needed in order to bifurcate Appellee’s allege between your protected and you will unsecured part. (Come across Ex. P-eight so you can Tr., Section thirteen Bundle, [hereinafter Changed Chapter 13 Plan].) Underneath the Altered Section 13 Bundle, Appellants were to spend Appellee the safeguarded number. Brand new unsecured portion of Appellee’s claim would be to be paid professional rata with the rest of Appellants’ unsecured creditors. Appellants’ Changed Section thirteen Bundle taken to an entire commission of the duty owed by Appellants on the Financial regarding Danielsville and you will shielded by the the mobile household, as well as the automobile additionally the pick up truck owned by Bobby. Appellants’ Modified Section thirteen Package didn’t give one to Appellee’s coverage action are *922 to get met otherwise extinguished abreast of the conclusion from plan payments. (Id.) Appellee did not object to Appellants’ Altered Chapter thirteen Package.
On , the latest case of bankruptcy judge joined your order guaranteeing Appellants’ Changed Section thirteen Bundle. (Ex lover. P-6 to Tr., Purchase Confirming Bundle.) Payments according to the Section 13 package was basically finished of the Appellants inside the 2005. (Tr. 7:1-2.) Towards , the financial institution regarding Danielsville create its cover need for Appellants’ mobile house together with most other security protecting its financial obligation. Into the , the fresh personal bankruptcy legal inserted your order granting Appellants’ Chapter thirteen release. A last decree was also inserted, closing Appellants’ Part thirteen situation. After the bill of its release, Appellants generated several requests of Appellee so it mark their protection deed into Appellants’ houses satisfied. not, Appellee refuted. (Id. from the 7:3-8.) Appellants’ Chapter thirteen case is actually reopened by the order of one’s bankruptcy proceeding legal on the , Appellants registered a challenger proceeding regarding bankruptcy court. (Id. on seven:8.)
