During the time Taylor Bean produced the borrowed funds, Appellants’ mobile household was build with the acres and Appellants had no intention of moving the new mobile household on the residential property. (Id. during the -19.) The new tires and you can axles linked to the halves of one’s mobile family was got rid of when Appellants went this new mobile household on the assets. (Id, within 41:8-9.) Additionally, brand new tongues had been eliminated. (Id. at the 27:6-7.) Appellants built a septic program and you may a liquids well, and you may once Taylor Bean generated the mortgage, Appellants developed an effective mortared cinderblock base up to all four sides regarding their home. (Id. in the 37:7-38:9.) Appellants along with hung external air conditioners (id. on 42:8-9), including electronic provider, (id. at the -25).
II. Personal bankruptcy Procedures
(Tr. 5:23-twenty five.) During the brand new processing, Bobby are compelled to Appellee for a financial loan covered by the Appellants’ acres and you can developments, and you can Appellants was indeed as you compelled to the lending company from Danielsville for a loan secure of the Appellants’ mobile family and you will a vehicle and you will pickup truck belonging to Bobby. With the , Appellee recorded their safeguarded proof of allege for the case of bankruptcy courtroom from the quantity of $104,, representing the primary and you can pre-petition arrearage due because of the Appellants.
Appellants’ basic suggested bundle offered, into the appropriate one to, that « [verification of bundle have a tendency to extinguish the second lien on the [Appellants’] residence stored by [the bank of Danielsville] due to the shortage of worthy of to support the fresh claimed lien
Appellants offered and you can recorded its basic suggested Section 13 plan, and therefore available to beat the brand new arrearage owed on their obligation by making costs thanks to their Section thirteen plan. Regular article-petition, monthly obligations into obligation would be to be manufactured to Appellee personally. (Id. during the 6:1-5.) Appellants went on for some months after the its processing to make the regular, post-petition, monthly payments to Appellee. » (Section 13 Package, .) Appellee don’t target in order to Appellants’ first recommended bundle.
Into , Appellants gave notice of your own recommended modification of the Section 13 plan in advance of confirmation. (Pick Ex lover. P-step 3 so you can Tr., Notice out-of Mot. to own Amendment from Plan Just before Confirmation.) Throughout the proposed altered bundle, Appellants found so you’re able to bifurcate Appellee’s allege between the secured and unsecured portion. (Find Ex lover. P-eight so you’re able to Tr., Section thirteen Plan, [hereinafter Modified Part 13 Plan].) Under the Altered Chapter thirteen Bundle, Appellants would be to spend Appellee its secure count. New unsecured portion of Appellee’s claim were to be distributed expert rata with the rest of Appellants’ unsecured financial institutions. Appellants’ Changed Part thirteen Bundle delivered to a full percentage from the obligation owed from the Appellants into the Financial of Danielsville and you may covered by the mobile household, as well as the vehicle additionally the pickup truck owned by Bobby. Appellants’ Modified Chapter 13 Plan did not bring you to definitely Appellee’s protection deed try *922 getting found or extinguished through to the completion out of bundle costs. (Id.) Appellee didn’t target so you’re able to Appellants’ Altered Chapter thirteen Package.
Toward , this new personal bankruptcy judge entered your order confirming Appellants’ Altered Part thirteen Plan. (Ex lover. P-6 in order to Tr., Buy Confirming Bundle.) Repayments under the Chapter 13 bundle were completed of the Appellants from inside the 2005. (Tr. 7:1-2.) With the , the financial company web site institution regarding Danielsville create its defense need for Appellants’ cellular household and the other security securing their loans. Into the , the brand new bankruptcy judge registered an order giving Appellants’ Section thirteen discharge. A last decree has also been entered, closure Appellants’ Section 13 situation. Following the receipt of their release, Appellants made multiple desires out of Appellee so it mark their protection action into the Appellants’ real property came across. Although not, Appellee refuted. (Id. at the eight:3-8.) Appellants’ Chapter thirteen situation was reopened by purchase of one’s bankruptcy proceeding judge toward , Appellants filed a challenger continuing on bankruptcy judge. (Id. on 7:8.)