During the time Taylor Bean made the loan, Appellants’ cellular family is set up towards the acres and you can Appellants had no aim of moving the mobile household regarding property. (Id. from the -19.) This new tires and you will axles attached to the halves of one’s mobile household have been got rid of whenever Appellants went this new cellular household onto the possessions. (Id, at 41:8-9.) Furthermore, the latest tongues were got rid of. (Id. on 27:6-eight.) Appellants established a beneficial septic program and you may a liquid well, and you will immediately after Taylor Bean generated the borrowed funds, Appellants created an excellent mortared cinderblock basis doing all corners of their home. (Id. during the 37:7-38:nine.) Appellants in addition to strung outside air conditioning units (id. on 42:8-9), including electronic solution, (id. at -25).
II. Bankruptcy Process
(Tr. 5:23-25.) In the course of new processing, Bobby is actually forced to Appellee for a financial loan protected because of the Appellants’ miles and you will improvements, and you will Appellants was indeed together forced to the lending company out-of Danielsville to possess financing shielded from the Appellants’ cellular home and you can a motor vehicle and you may pickup truck belonging to Bobby. Towards , Appellee submitted their secured proof claim towards bankruptcy proceeding legal from the amount of $104,, symbolizing the primary and you can pre-petition arrearage owed by the Appellants.
Appellants’ earliest proposed bundle provided, for the relevant you to, you to definitely “[confirmation associated with the plan tend to extinguish the following lien on [Appellants’] household stored by the [the bank regarding Danielsville] considering the diminished worth to support the new claimed lien
Appellants served and you may submitted its basic recommended Section thirteen bundle, and this offered to get rid of the fresh arrearage due on their responsibility from the making money courtesy its Section 13 bundle. Regular blog post-petition, monthly payments to your duty was to be produced to Appellee privately. (Id. in the 6:1-5.) Appellants continued for a couple days pursuing the the submitting and then make the regular, post-petition, monthly payments straight to Appellee. ” (Part 13 Bundle, .) Appellee did not object so you’re able to Appellants’ first suggested plan.
With the , Appellants offered find of your own suggested amendment of its Chapter 13 plan before confirmation. (Find Ex lover. P-3 in order to Tr., Observe of Mot. to own Amendment regarding Plan Ahead of Confirmation.) On the proposed modified plan, Appellants desired so you can bifurcate Appellee’s claim between the secure and you will unsecured portion. (Find Ex. P-seven to help you Tr., Part 13 Package, [hereinafter Modified Section thirteen Plan].) In Altered Part thirteen Plan, Appellants were to spend Appellee the protected amount. New unsecured portion of Appellee’s claim was to be paid pro rata the rest of Appellants’ unsecured loan providers. Appellants’ Altered Chapter 13 Bundle delivered to the full payment of the obligation due by Appellants towards Bank from Danielsville and secure by the their cellular home, plus the auto and pick up truck belonging to Bobby. Appellants’ Modified Section thirteen Bundle did not offer you to Appellee’s security action try *922 getting satisfied or extinguished upon the completion regarding package repayments. (Id.) Appellee don’t object to help you Appellants’ Modified Section 13 Bundle.
To the , the personal bankruptcy judge inserted your order verifying Appellants’ Altered Chapter 13 Package. (Ex lover. P-6 to help you Tr., Acquisition Verifying Bundle.) Money according to the Section thirteen package was basically finished by Appellants within the 2005. (Tr. 7:1-2.) With the , the financial institution out-of Danielsville put out the shelter need for Appellants’ mobile house additionally the other equity securing their personal debt. To the , the latest bankruptcy proceeding courtroom entered an order giving Appellants’ Section 13 release. A final decree has also been inserted, closing Appellants’ Chapter thirteen circumstances. Pursuing the bill of its release, Appellants made multiple demands out of Appellee that it mark their cover action with loans in Sail Harbor the Appellants’ real estate met. Yet not, Appellee refuted. (Id. at the eight:3-8.) Appellants’ Chapter thirteen circumstances is reopened from the order of your bankruptcy judge on the , Appellants submitted an adversary proceeding regarding bankruptcy legal. (Id. from the seven:8.)