At that time Taylor Bean made the loan, Appellants’ mobile household got arranged towards miles and you can Appellants had no goal of swinging the mobile home regarding the home. (Id. in the -19.) The fresh wheels and you will axles connected to the halves of cellular household was indeed got rid of whenever Appellants went brand new mobile domestic on the possessions. (Id, during the 41:8-9.) In addition, the latest tongues have been eliminated. (Id. on twenty seven:6-7.) Appellants oriented a beneficial septic system and a h2o really, and after Taylor Bean produced the mortgage, Appellants constructed a beneficial mortared cinderblock foundation up to all corners of their residence. (Id. within 37:7-38:9.) Appellants as well as installed additional air conditioning units (id. at the 42:8-9), including electrical provider, (id. within -25).

II. Case of bankruptcy Process

(Tr. 5:23-twenty five.) At the time of this new filing, Bobby are obligated to Appellee for a loan secured of the Appellants’ acres and advancements, and you can Appellants was in fact jointly obligated to the financial institution from Danielsville to possess a loan shielded by the Appellants’ mobile family and an automobile and you https://simplycashadvance.net/payday-loans-wy/ can pickup truck owned by Bobby. Into the , Appellee submitted its covered proof claim into personal bankruptcy legal on the level of $104,, representing the primary and you can pre-petition arrearage due by the Appellants.

Appellants’ very first advised bundle given, within the appropriate you to definitely, you to definitely “[confirmation for the package often extinguish the following lien to your [Appellants’] residence stored because of the [the financial institution away from Danielsville] as a result of the diminished well worth to help with the fresh said lien

Appellants served and you can filed its earliest recommended Chapter 13 package, and this offered to cure the latest arrearage owed on their responsibility of the and then make costs because of their Part thirteen bundle. Typical post-petition, monthly payments with the responsibility were to be manufactured to Appellee myself. (Id. on six:1-5.) Appellants went on for a few months following the the filing making its typical, post-petition, monthly installments right to Appellee. ” (Part thirteen Bundle, .) Appellee don’t target to Appellants’ very first suggested plan.

To your , Appellants offered observe of your recommended amendment of their Part thirteen plan before verification. (Get a hold of Ex lover. P-3 so you’re able to Tr., See away from Mot. to have Amendment away from Plan Ahead of Confirmation.) Throughout the advised altered package, Appellants wanted to help you bifurcate Appellee’s claim within secure and you can unsecured portion. (Pick Ex lover. P-seven in order to Tr., Chapter thirteen Package, [hereinafter Changed Chapter thirteen Plan].) Under the Altered Section thirteen Bundle, Appellants would be to pay Appellee the safeguarded matter. Brand new unsecured percentage of Appellee’s allege would be to be paid professional rata the remainder of Appellants’ unsecured loan providers. Appellants’ Altered Chapter 13 Bundle provided for a full fee from the duty due because of the Appellants for the Bank of Danielsville and you can protected from the the cellular home, and also the automobile therefore the pick up truck owned by Bobby. Appellants’ Altered Part thirteen Plan don’t render one Appellee’s safeguards deed is *922 becoming satisfied otherwise extinguished through to the conclusion away from package payments. (Id.) Appellee did not target to Appellants’ Changed Section thirteen Package.

On the , the new case of bankruptcy court entered an order guaranteeing Appellants’ Modified Section thirteen Bundle. (Ex. P-6 in order to Tr., Buy Guaranteeing Bundle.) Costs beneath the Part thirteen plan was done by the Appellants from inside the 2005. (Tr. 7:1-2.) To your , the lending company off Danielsville create its safeguards need for Appellants’ cellular household and also the almost every other collateral securing their loans. To the , brand new bankruptcy courtroom registered an order giving Appellants’ Chapter thirteen discharge. A final decree was also inserted, closure Appellants’ Part 13 circumstances. Following the bill of their discharge, Appellants generated numerous requests from Appellee it mark their defense action into Appellants’ houses fulfilled. not, Appellee refuted. (Id. from the seven:3-8.) Appellants’ Part thirteen case try reopened because of the order of your personal bankruptcy judge on the , Appellants submitted an adversary continuing throughout the bankruptcy judge. (Id. from the seven:8.)