At the time Taylor Bean generated the mortgage, Appellants’ cellular home is install to your miles and you will Appellants had no goal of swinging the fresh new cellular household on land. (Id. during the -19.) New tires and axles attached to the halves of cellular household was got rid of when Appellants gone the newest mobile household on the possessions. (Id, on 41:8-9.) Furthermore, the fresh tongues have been eliminated. (Id. during the twenty seven:6-7.) Appellants founded a good septic system and you may a liquids better, and you will shortly after Taylor Bean produced the borrowed funds, Appellants created an excellent mortared cinderblock foundation doing all edges of their property. (Id. at the 37:7-38:nine.) Appellants along with hung exterior air conditioning units (id. within 42:8-9), plus electric solution, (id. from the -25).
II. Bankruptcy Proceedings
(Tr. 5:23-twenty-five.) In the course of the brand new processing, Bobby are compelled to Appellee for a financial loan secured from the Appellants’ acres and you will improvements, and you will Appellants have been as you obligated to the financial institution off Danielsville getting that loan covered because of the Appellants’ mobile household and you can a vehicle and pickup truck belonging to Bobby. Towards , Appellee submitted their secure evidence of claim with the bankruptcy court from the number of $104,, symbolizing the principal and you may pre-petition arrearage due by Appellants.
Appellants’ very first recommended plan provided, when you look at the related you to definitely, one to “[verification of this bundle commonly extinguish the next lien toward [Appellants’] home kept by [the lending company out of Danielsville] because of the lack of really worth to support brand new advertised lien
Appellants offered and you can submitted its first recommended Part thirteen bundle, and therefore accessible to dump the latest arrearage owed on the responsibility of the and make payments by way of the Chapter 13 package. Regular post-petition, monthly payments towards duty were to be manufactured to help you Appellee personally. (Id. within six:1-5.) Appellants proceeded for several weeks adopting the the processing making their normal, post-petition, monthly obligations straight to Appellee. ” (Chapter 13 Bundle, .) Appellee don’t object to help you Appellants’ basic suggested plan.
To your , Appellants provided see of your own proposed amendment of its Chapter thirteen plan just before confirmation. (Get a hold of Ex. P-3 so you can Tr., Observe from Mot. for Amendment regarding Bundle Prior to Confirmation.) From the suggested altered package, Appellants looked for to help you bifurcate Appellee’s allege amongst the protected and unsecured piece. (Find Ex. P-7 so you’re able to Tr., Part 13 Package, [hereinafter Modified Section thirteen Bundle].) Beneath the Changed Section thirteen Bundle, Appellants was to spend Appellee the protected amount. The latest unsecured part of Appellee’s allege would be to be paid professional rata the remainder of Appellants’ unsecured loan providers. Appellants’ Changed Part thirteen Plan provided for an entire percentage from the responsibility owed by Appellants into Financial regarding Danielsville and you can covered by their cellular house, and the car and the pick up truck owned by Bobby. Appellants’ Changed Section 13 Package didn’t promote you to definitely Appellee’s defense action is *922 are came across otherwise extinguished upon the conclusion from package payments. (Id.) Appellee did not target to Appellants’ Altered Part 13 Bundle.
To your , the fresh new case of bankruptcy legal entered an order verifying Appellants’ Changed Part 13 Bundle. (Ex lover. P-six so you can loan places Bridgewater Tr., Acquisition Guaranteeing Bundle.) Payments in Section 13 package was in fact done from the Appellants into the 2005. (Tr. 7:1-dos.) Toward , the financial institution of Danielsville released their coverage need for Appellants’ cellular family additionally the other security securing the debt. With the , this new bankruptcy legal joined your order giving Appellants’ Section 13 launch. A last decree has also been entered, closure Appellants’ Part thirteen situation. Following receipt of its release, Appellants produced numerous desires off Appellee that it mark its coverage action toward Appellants’ houses satisfied. But not, Appellee refused. (Id. at the eight:3-8.) Appellants’ Section 13 case is reopened by acquisition of one’s case of bankruptcy legal into , Appellants submitted a challenger proceeding about bankruptcy proceeding legal. (Id. on eight:8.)
