During the time Taylor Bean made the mortgage, Appellants’ cellular home is create with the acres and Appellants didn’t come with intention of swinging the fresh new cellular domestic in the property. (Id. within -19.) The new rims and axles attached to the halves of one’s mobile home was in fact removed whenever Appellants gone the fresh mobile home on the property. (Id, at the 41:8-9.) Additionally, the fresh new tongues had been removed. (Id. in the twenty seven:6-eight.) Appellants based a septic system and a liquid better, and you will just after Taylor Bean generated the loan, Appellants created a good mortared cinderblock base as much as all sides from their home. (Id. within 37:7-38:nine.) Appellants together with strung additional air conditioning units (id. on 42:8-9), also electrical solution, (id. at -25).
II. Case of bankruptcy Process
(Tr. 5:23-25.) In the course of this new filing, Bobby try obligated to Appellee for a financial loan shielded by the Appellants’ acres and advancements, and you will Appellants have been as you forced to the financial institution regarding Danielsville to possess that loan covered from the Appellants’ mobile family and you may a car or truck and you may pick up truck owned by Bobby. For the , Appellee registered the secure proof of claim on the bankruptcy court on the number of $104,, representing the main and you may pre-petition arrearage owed from the Appellants.
Appellants’ basic recommended package provided, in appropriate you to, you to definitely “[confirmation of the package usually extinguish the following lien toward [Appellants’] quarters held by [the bank out of Danielsville] considering the lack of value to help with new said lien
Appellants served and you can recorded the earliest recommended Part thirteen plan, and this open to cure the latest arrearage owed to their obligation from the and then make payments compliment of the Part 13 package. Typical article-petition, monthly installments towards obligations were to be produced so you can Appellee individually. (Id. in the six:1-5.) Appellants continued for some months following the the filing while making their normal, post-petition, monthly obligations straight to Appellee. ” (Chapter thirteen Package, .) Appellee didn’t target so you’re able to Appellants’ very first proposed bundle.
To your , Appellants provided observe of your suggested amendment of their Part 13 plan before verification. (Come across Ex. P-step three so you can Tr., Notice away from Mot. for Modification from Package Prior to Confirmation.) From the recommended changed package, Appellants found so you’re able to bifurcate Appellee’s claim amongst the safeguarded and you may unsecured piece. (Get a hold of Ex. P-seven so you can Tr., Chapter thirteen Bundle, [hereinafter Altered Chapter 13 Package].) In Modified Part thirteen Package, Appellants were to pay Appellee its safeguarded count. The latest unsecured percentage of Appellee’s claim would be to be paid professional rata the rest of Appellants’ unsecured financial institutions. Appellants’ Altered Part thirteen Plan delivered to the full fee out of the duty owed by the Appellants with the Bank regarding Danielsville and you may protected from the their mobile domestic, therefore the auto while the pick up truck belonging to Bobby. Appellants’ Altered Chapter thirteen Bundle did not give one to Appellee’s defense action is *922 getting satisfied or extinguished on the completion of package payments. (Id.) Appellee don’t object in order to Appellants’ Altered Part 13 Plan.
For the , this new bankruptcy proceeding court inserted your order confirming Appellants’ Changed Section 13 Bundle. (Ex lover. P-six so you can Tr., Order Guaranteeing Package.) Payments in Chapter thirteen bundle was indeed done because of the Appellants during the 2005. (Tr. 7:1-dos.) With the , the bank of Danielsville put-out their safeguards interest in Appellants’ mobile home and most other collateral protecting its obligations. Into , the brand new case of bankruptcy court joined an order giving Appellants’ Part thirteen launch. A last decree was also entered, closing Appellants’ Part thirteen circumstances. After the bill of their launch, Appellants generated several requests regarding Appellee that it draw their security deed for the Appellants’ property found https://www.paydayloansconnecticut.com/madison-center/. However, Appellee declined. (Id. on 7:3-8.) Appellants’ Chapter 13 case are reopened by the order of your personal bankruptcy judge into the , Appellants submitted an enemy proceeding from the bankruptcy proceeding courtroom. (Id. within seven:8.)
