During the time Taylor Bean produced the mortgage, Appellants’ cellular family was set up toward acres and you will Appellants had no goal of swinging the brand new mobile family about belongings. (Id. during the -19.) The fresh new wheels and axles attached to the halves of mobile house was in fact removed when Appellants moved this new mobile household on the assets. (Id, at the 41:8-nine.) Also, the fresh new tongues was indeed eliminated. (Id. at the twenty-seven:6-7.) Appellants situated good septic system and you may a drinking water well, and you may shortly after Taylor Bean generated the loan, Appellants developed a beneficial mortared cinderblock foundation doing all four edges from their residence. (Id. at 37:7-38:nine.) Appellants and additionally installed outside air conditioning units (id. at the 42:8-9), in addition to electronic provider, (id. within -25).
II. Case of bankruptcy Proceedings
(Tr. 5:23-twenty five.) In the course of brand new filing, Bobby are obligated to Appellee for a loan secured of the Appellants’ miles and developments, and you can Appellants were as one compelled to the bank out-of Danielsville getting that loan shielded from the Appellants’ mobile house and a car and pickup belonging to Bobby. Into the , Appellee recorded the safeguarded proof allege to the bankruptcy judge regarding quantity of $104,, representing the primary and you may pre-petition arrearage due of the Appellants.
Appellants’ earliest recommended package given, inside related one, that “[confirmation associated with plan commonly extinguish the following lien towards [Appellants’] household held by [the lending company off Danielsville] because of the decreased worthy of to help with brand new reported lien
Appellants supported and you can filed the earliest recommended Part thirteen bundle, and that accessible to reduce the fresh new arrearage due on the responsibility by the while making money using their Part 13 plan. Normal article-petition, monthly premiums to the obligation was to be manufactured so you can Appellee in person. (Id. at the six:1-5.) Appellants proceeded for a couple days after the its processing making the normal, post-petition, monthly installments right to Appellee. ” (Chapter thirteen Package, .) Appellee don’t target to Appellants’ earliest recommended bundle.
For the , Appellants gave see of your own recommended modification of the Part thirteen bundle ahead of confirmation. (See Ex lover. P-step three to loans in Upper Witter Gulch help you Tr., Notice away from Mot. for Modification from Package Ahead of Verification.) In the suggested modified plan, Appellants sought for so you can bifurcate Appellee’s allege involving the secured and you will unsecured bit. (Pick Ex lover. P-seven so you’re able to Tr., Section 13 Package, [hereinafter Altered Part 13 Bundle].) According to the Changed Section 13 Plan, Appellants was to spend Appellee the safeguarded count. The fresh new unsecured portion of Appellee’s claim was to be distributed specialist rata the rest of Appellants’ unsecured financial institutions. Appellants’ Altered Chapter thirteen Plan taken to an entire fee regarding the duty due because of the Appellants to the Financial regarding Danielsville and secured because of the their mobile family, plus the auto together with pickup truck belonging to Bobby. Appellants’ Changed Chapter 13 Plan don’t promote you to definitely Appellee’s cover action are *922 to-be came across otherwise extinguished through to the culmination out of package repayments. (Id.) Appellee don’t object to Appellants’ Altered Section 13 Plan.
On , the newest bankruptcy proceeding legal entered your order confirming Appellants’ Modified Part 13 Plan. (Ex lover. P-6 to help you Tr., Order Verifying Package.) Payments under the Part thirteen bundle was in fact accomplished by the Appellants inside 2005. (Tr. 7:1-2.) For the , the lending company regarding Danielsville put out their cover need for Appellants’ cellular house therefore the most other guarantee securing their obligations. To the , the newest bankruptcy proceeding legal registered an order giving Appellants’ Section 13 release. A final decree was also registered, closing Appellants’ Section 13 circumstances. Pursuing the receipt of its release, Appellants made several demands away from Appellee that it draw its shelter deed to your Appellants’ real estate fulfilled. But not, Appellee rejected. (Id. during the 7:3-8.) Appellants’ Chapter 13 instance is reopened by the buy of bankruptcy proceeding judge for the , Appellants submitted an opponent proceeding in the bankruptcy proceeding judge. (Id. from the eight:8.)
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