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.
Read moreInto the , Appellants recorded for Part thirteen bankruptcy relief