During the time Taylor Bean generated the borrowed funds, Appellants’ mobile home was put up toward acres and Appellants had no goal of swinging the fresh new mobile house from the property. (Id. at the -19.) The fresh wheels and axles attached to the halves of the mobile family have been eliminated whenever Appellants went brand new cellular family on the property. (Id, in the 41:8-9.) Also, the brand new tongues was in fact got rid of. (Id. in the twenty seven:6-seven.) Appellants founded good septic program and you will a drinking water better, and you will immediately after Taylor Bean generated the loan, Appellants developed a good mortared cinderblock basis up to loans in Rollinsville all four corners of their house. (Id. on 37:7-38:nine.) Appellants also hung outside air conditioning units (id. on 42:8-9), also electronic service, (id. on -25).
II. Bankruptcy Legal proceeding
(Tr. 5:23-twenty-five.) During the newest filing, Bobby try obligated to Appellee for a loan covered from the Appellants’ miles and you may improvements, and you can Appellants were as you obligated to the bank out-of Danielsville to have a loan safeguarded because of the Appellants’ mobile household and an automobile and you can pickup owned by Bobby. Into , Appellee submitted their secured proof claim to your personal bankruptcy legal about number of $104,, representing the main and you will pre-petition arrearage owed by the Appellants.
Appellants’ very first suggested bundle provided, inside pertinent you to definitely, that “[confirmation with the bundle usually extinguish the next lien into the [Appellants’] house kept from the [the financial institution regarding Danielsville] due to the not enough worth to help with the fresh claimed lien
Appellants served and you can recorded their basic proposed Part 13 package, and this available to dump the new arrearage owed on their obligations from the and come up with costs as a result of the Chapter thirteen plan. Regular blog post-petition, monthly obligations with the obligations would be to be made so you’re able to Appellee in person. (Id. from the 6:1-5.) Appellants continued for some months following the the submitting to make its typical, post-petition, monthly payments straight to Appellee. ” (Section thirteen Plan, .) Appellee failed to target to Appellants’ very first suggested package.
Towards the , Appellants offered see of proposed modification of its Section 13 package prior to confirmation. (Look for Ex lover. P-step three to help you Tr., Notice off Mot. getting Modification off Package Ahead of Confirmation.) About advised changed plan, Appellants wanted so you’re able to bifurcate Appellee’s claim involving the protected and you can unsecured piece. (Find Ex lover. P-7 to Tr., Section 13 Plan, [hereinafter Modified Section thirteen Plan].) In Modified Chapter thirteen Plan, Appellants would be to spend Appellee their shielded matter. Brand new unsecured percentage of Appellee’s allege was to be paid pro rata the rest of Appellants’ unsecured loan providers. Appellants’ Changed Part thirteen Plan sent to a complete fee off the duty due because of the Appellants with the Lender out of Danielsville and you may protected of the the cellular family, as well as the car and also the pickup belonging to Bobby. Appellants’ Changed Chapter 13 Bundle don’t offer that Appellee’s cover action is *922 becoming fulfilled otherwise extinguished through to the culmination of package money. (Id.) Appellee don’t object so you can Appellants’ Changed Part 13 Package.
Towards , the fresh bankruptcy proceeding judge registered an order guaranteeing Appellants’ Altered Section thirteen Bundle. (Ex lover. P-6 to help you Tr., Purchase Guaranteeing Plan.) Repayments under the Chapter thirteen plan had been complete of the Appellants inside the 2005. (Tr. 7:1-2.) On the , the lending company away from Danielsville put out its shelter interest in Appellants’ mobile household and the most other guarantee securing the debt. With the , the brand new personal bankruptcy courtroom inserted your order giving Appellants’ Part 13 launch. A final decree has also been entered, closing Appellants’ Section thirteen circumstances. Pursuing the acknowledgment of its launch, Appellants made several requests off Appellee this draw its defense action to the Appellants’ property satisfied. However, Appellee rejected. (Id. on 7:3-8.) Appellants’ Section thirteen circumstances try reopened by purchase of one’s personal bankruptcy judge for the , Appellants recorded a challenger proceeding from the bankruptcy proceeding court. (Id. from the 7:8.)