Towards the , Appellants filed to have Part 13 case of bankruptcy relief
During the time Taylor Bean produced the loan, Appellants’ mobile household had been created into the miles and you can Appellants had no goal of swinging the new mobile house on land. (Id. on -19.) This new wheels and axles connected to the halves of one’s mobile household were eliminated when Appellants gone the fresh cellular family the original source on the property. (Id, at 41:8-9.) Furthermore, the new tongues had been got rid of. (Id. within 27:6-seven.) Appellants oriented an effective septic system and you will a liquid better, and you will after Taylor Bean made the mortgage, Appellants created a great mortared cinderblock foundation up to all corners of their house. (Id. on 37:7-38:9.) Appellants including strung outside air conditioning units (id. from the 42:8-9), including electrical solution, (id. within -25).
II. Bankruptcy proceeding Procedures
(Tr. 5:23-25.) During the time of the newest submitting, Bobby is actually compelled to Appellee for a financial loan secured by the Appellants’ acres and you can improvements, and you will Appellants was together obligated to the lending company regarding Danielsville getting financing secured by Appellants’ mobile family and you will an auto and pickup truck owned by Bobby. To the , Appellee submitted their secure proof of claim on bankruptcy judge regarding amount of $104,, symbolizing the main and pre-petition arrearage due from the Appellants.
Appellants’ earliest proposed package considering, inside the relevant you to definitely, one “[verification in the plan will extinguish the second lien for the [Appellants’] quarters kept of the [the bank out of Danielsville] as a result of the diminished well worth to help with the fresh new advertised lien
Appellants offered and filed the first suggested Part 13 plan, and therefore offered to reduce the new arrearage due on their duty by and also make money due to the Chapter 13 plan. Typical article-petition, monthly installments toward responsibility would be to be manufactured so you’re able to Appellee directly. (Id. from the six:1-5.) Appellants went on for a few days after the the processing and work out its regular, post-petition, monthly obligations to Appellee. ” (Part 13 Package, .) Appellee failed to object in order to Appellants’ earliest recommended plan.
To your , Appellants offered see of recommended amendment of its Chapter thirteen plan just before confirmation. (Get a hold of Ex. P-3 so you can Tr., Observe off Mot. to own Amendment from Plan In advance of Verification.) Regarding the proposed modified plan, Appellants sought for in order to bifurcate Appellee’s allege between your safeguarded and you may unsecured bit. (Get a hold of Ex. P-seven so you’re able to Tr., Section thirteen Bundle, [hereinafter Altered Section thirteen Bundle].) Underneath the Altered Chapter 13 Bundle, Appellants would be to pay Appellee its safeguarded number. The latest unsecured portion of Appellee’s claim were to be distributed pro rata the remainder of Appellants’ unsecured loan providers. Appellants’ Changed Section thirteen Package delivered to a full fee off the obligation owed from the Appellants into Financial of Danielsville and you may covered from the their cellular family, and also the auto as well as the pick up truck belonging to Bobby. Appellants’ Altered Chapter thirteen Bundle did not promote you to definitely Appellee’s security action was *922 become found or extinguished upon the culmination out-of plan payments. (Id.) Appellee don’t object in order to Appellants’ Changed Chapter thirteen Bundle.
To the , the case of bankruptcy legal entered an order confirming Appellants’ Altered Part 13 Package. (Ex. P-6 to help you Tr., Acquisition Confirming Bundle.) Costs within the Chapter thirteen bundle was in fact finished from the Appellants inside 2005. (Tr. 7:1-dos.) Towards , the bank of Danielsville create its protection need for Appellants’ mobile household while the most other equity securing their loans. On the , new bankruptcy proceeding court inserted your order granting Appellants’ Chapter 13 launch. A last decree has also been registered, closing Appellants’ Chapter 13 situation. Adopting the receipt of their discharge, Appellants made several requests regarding Appellee it mark its safeguards deed to the Appellants’ real estate came across. Although not, Appellee rejected. (Id. at the eight:3-8.) Appellants’ Section thirteen instance was reopened by acquisition of case of bankruptcy judge for the , Appellants registered an opponent continuing on bankruptcy proceeding court. (Id. within seven:8.)
