At that time Taylor Bean made the borrowed funds, Appellants’ cellular home ended up being install on the miles and Appellants didn’t come with intention of moving the newest cellular domestic throughout the belongings. (Id. during the -19.) The brand new rims and you may axles connected to the halves of cellular household was eliminated when Appellants gone this new mobile home on the possessions. (Id, at the 41:8-nine.) Furthermore, the latest tongues was eliminated. (Id. during the 27:6-eight.) Appellants oriented a beneficial septic program and a liquid really, and you will just after Taylor Bean made the mortgage, Appellants built a beneficial mortared cinderblock base around all four edges regarding their residence. (Id. on 37:7-38:9.) Appellants along with strung exterior air conditioners (id. from the 42:8-9), plus electricity service, (id. at -25).
II. Bankruptcy Procedures
(Tr. 5:23-twenty five.) At the time of the brand new filing, Bobby are obligated to Appellee for a financial loan shielded because of the Appellants’ acres and you will developments, and you may Appellants was in fact jointly forced to the lending company from Danielsville for financing shielded by Appellants’ mobile house and you will an automobile and you may pickup belonging to Bobby. To the , Appellee filed the protected proof of claim on bankruptcy proceeding courtroom on quantity of $104,, representing the primary and you may pre-petition arrearage due by the Appellants.
Appellants’ very first proposed package provided, during the appropriate you to, one to “[confirmation in the bundle will extinguish another lien toward [Appellants’] residence held because of the [the lending company from Danielsville] because of the shortage of worth to help with the new claimed lien
Appellants served and you will registered its very first recommended Chapter 13 bundle, and that open to lose brand new arrearage due to their responsibility by the while making money as a result of the Section 13 package. Normal blog post-petition, monthly installments to your obligations were to be made in order to Appellee myself. (Id. from the 6:1-5.) Appellants went on for some weeks after the their submitting while making the typical, post-petition, monthly payments to Appellee. ” (Chapter thirteen Bundle, .) Appellee don’t object to help you Appellants’ first proposed package loan places Springfield.
Towards the , Appellants provided see of your recommended modification of the Chapter 13 plan ahead of verification. (Get a hold of Ex. P-step three so you’re able to Tr., Find away from Mot. having Modification away from Bundle Ahead of Verification.) Regarding advised altered plan, Appellants desired so you can bifurcate Appellee’s claim involving the safeguarded and you can unsecured part. (Come across Ex lover. P-seven so you’re able to Tr., Part thirteen Package, [hereinafter Changed Chapter 13 Bundle].) Within the Altered Part thirteen Bundle, Appellants was to pay Appellee its secured number. The brand new unsecured portion of Appellee’s claim were to be distributed specialist rata the rest of Appellants’ unsecured loan providers. Appellants’ Modified Chapter thirteen Bundle delivered to a complete percentage regarding the duty due of the Appellants to the Bank off Danielsville and you may protected by the its cellular household, while the vehicle as well as the pickup belonging to Bobby. Appellants’ Modified Chapter thirteen Bundle didn’t offer that Appellee’s security deed is *922 getting found or extinguished through to the culmination from plan repayments. (Id.) Appellee did not object in order to Appellants’ Altered Section thirteen Bundle.
Towards , the fresh new bankruptcy legal inserted an order verifying Appellants’ Altered Chapter 13 Package. (Ex. P-6 to Tr., Buy Verifying Plan.) Costs within the Chapter 13 package have been done of the Appellants into the 2005. (Tr. 7:1-2.) On , the financial institution off Danielsville create the protection demand for Appellants’ cellular domestic additionally the most other guarantee securing their financial obligation. Towards the , the brand new case of bankruptcy courtroom inserted an order giving Appellants’ Chapter thirteen discharge. A final decree has also been entered, closing Appellants’ Part 13 case. Adopting the acknowledgment of the release, Appellants produced numerous demands out-of Appellee this draw their shelter action on the Appellants’ houses satisfied. However, Appellee denied. (Id. from the 7:3-8.) Appellants’ Section 13 situation was reopened of the buy of your bankruptcy proceeding courtroom on the , Appellants filed an enemy continuing in the case of bankruptcy court. (Id. at 7:8.)