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. Continue reading “Into , Appellants filed getting Chapter thirteen case of bankruptcy recovery”