At the time Taylor Bean generated the loan, Appellants’ mobile domestic got establish for the miles and you will Appellants had no aim of moving this new cellular house regarding the residential property. (Id. at the -19.) New wheels and axles attached to the halves of cellular home have been eliminated when Appellants gone the fresh new mobile house onto the property. (Id, on 41:8-nine.) Also, brand new tongues was basically got rid of. (Id. during the twenty seven:6-seven.) Appellants based good septic program and you may a drinking water well, and you may just after Taylor Bean made the loan, Appellants created a great mortared cinderblock foundation up to all four edges out-of their property. (Id. at 37:7-38:9.) Appellants also installed external air conditioners (id. in the 42:8-9), plus electric services, (id. on -25).
II. Personal bankruptcy Proceedings
(Tr. 5:23-25.) During the fresh new processing, Bobby is compelled to Appellee for a financial loan protected because of the Appellants’ acres and you can advancements, and you will Appellants was indeed as one compelled to the lending company off Danielsville to possess financing protected of the Appellants’ mobile family and you will a motor vehicle and you will pickup owned by Bobby. For the , Appellee submitted their shielded proof of claim into bankruptcy proceeding court regarding the quantity of $104,, representing the main and you will pre-petition arrearage due of the Appellants.
Appellants’ very first advised package given, from inside the pertinent one, one to “[confirmation in the bundle usually extinguish the next lien with the [Appellants’] home kept from the [the financial institution out of Danielsville] considering the not enough well worth to support the new stated lien
Appellants supported and you will filed their earliest advised Section 13 bundle, and that accessible to remove the brand new arrearage due on the obligation by the and come up with money because of its Part thirteen package. Regular article-petition, monthly obligations to your duty were to be produced in order to Appellee myself. (Id. within six:1-5.) Appellants went on for a couple days after the their filing to make their regular, post-petition, monthly premiums right to Appellee. ” (Chapter 13 Bundle, .) Appellee didn’t object so you’re able to Appellants’ earliest advised package.
On the , Appellants provided notice of your proposed amendment of its Part 13 bundle prior to confirmation. (See Ex lover. P-step 3 so you’re able to Tr., Notice of Mot. getting Amendment out-of Package Prior to Confirmation.) Regarding the recommended modified plan, Appellants sought so you’re able to bifurcate Appellee’s claim between the shielded and you may unsecured portion. (See Ex. P-eight to help you Tr., Chapter thirteen Bundle, [hereinafter Changed Part 13 Package].) According to the Changed Section 13 Bundle, Appellants were to spend Appellee their secure count. New unsecured part of Appellee’s claim were to be paid pro rata with the rest of Appellants’ unsecured loan providers. Appellants’ Modified Chapter 13 Plan delivered to an entire fee from the obligation due because of the Appellants with the Lender out of Danielsville and you can protected from the their mobile house, therefore the car while the pick up truck belonging to Bobby. Appellants’ Changed Section loans Madison Center CT 13 Package don’t promote one to Appellee’s defense action is *922 getting found or extinguished upon the conclusion out of package repayments. (Id.) Appellee don’t object in order to Appellants’ Changed Part 13 Bundle.
On the , this new bankruptcy court joined your order guaranteeing Appellants’ Altered Section thirteen Package. (Ex lover. P-six so you can Tr., Order Guaranteeing Package.) Costs according to the Part 13 bundle was basically finished by Appellants for the 2005. (Tr. 7:1-dos.) Toward , the bank off Danielsville put-out the safeguards need for Appellants’ cellular family and most other collateral protecting the loans. Into the , the brand new personal bankruptcy legal entered an order giving Appellants’ Section thirteen discharge. A final decree was also joined, closing Appellants’ Chapter 13 instance. Adopting the acknowledgment of the release, Appellants generated numerous requests of Appellee that it mark the security action toward Appellants’ houses met. Yet not, Appellee refuted. (Id. during the seven:3-8.) Appellants’ Part 13 case was reopened because of the purchase of one’s bankruptcy courtroom towards , Appellants recorded an opponent proceeding about personal bankruptcy judge. (Id. at the 7:8.)
