To your , Appellants submitted to possess Part thirteen case of bankruptcy save
At the time Taylor Bean made the borrowed funds, Appellants’ cellular home got arranged towards the acres and you can Appellants had no intention of moving the latest cellular home on land. (Id. during the -19.) The new rims and you will axles linked to the halves of your cellular household had been removed whenever Appellants went the brand new cellular family onto the property. (Id, in the 41:8-9.) In addition, the new tongues were eliminated. (Id. at the twenty seven:6-eight.) Appellants mainly based an excellent septic system and you can a drinking water really, and you may immediately after Taylor Bean made the borrowed funds, Appellants created good mortared cinderblock basis as much as all edges away from their property. (Id. at the 37:7-38:9.) Appellants and additionally installed additional air conditioning units (id. at the 42:8-9), plus electrical provider, (id. at -25).
II. Personal bankruptcy Procedures
(Tr. 5:23-twenty-five.) At the time of new filing, Bobby are obligated to Appellee for a financial loan secured of the Appellants’ miles and you can advancements, and you may Appellants was in fact jointly compelled to the bank out of Danielsville to own that loan covered of the Appellants’ mobile household and you can a vehicle and pick up truck owned by Bobby. Into the , Appellee recorded their secured proof of claim to your case of bankruptcy court in the quantity of $104,, representing the principal and you can pre-petition arrearage owed of the Appellants.
Appellants’ very first suggested plan given, from inside the pertinent one, you to “[confirmation from the plan tend to extinguish next lien for the [Appellants’] home stored of the [the bank off Danielsville] as a result of the shortage of well worth to support the new stated lien
Appellants served and you may recorded the very first suggested Part thirteen package, and therefore available to remove the new arrearage owed to their duty from the making money thanks to their Part 13 plan. Normal article-petition, monthly payments towards obligation were to be manufactured to help you Appellee directly. (Id. during the six:1-5.) Appellants went on for a couple weeks following the their processing and make their regular, post-petition, monthly payments straight to Appellee. ” (Part thirteen Plan, .) Appellee failed to object to help you Appellants’ very first suggested package.
On the , Appellants offered notice of the suggested modification of its Chapter thirteen plan just before verification. (Pick Ex lover. P-step three to help you Tr., See out of Mot. having Amendment from Bundle Just before Confirmation.) Throughout the advised changed plan, Appellants sought to bifurcate Appellee’s allege between your shielded and you can unsecured bit. (Pick Ex. P-eight so you can Tr., Part thirteen Plan, [hereinafter Changed Section thirteen Package].) Underneath the Altered Chapter thirteen Plan, Appellants was to spend Appellee the covered matter. Brand new unsecured part of Appellee’s claim were to be distributed expert rata the rest of Appellants’ unsecured financial institutions. Appellants’ Changed Chapter thirteen Bundle sent to an entire payment off the responsibility owed from the Appellants into the Financial out-of Danielsville and secured because of the its mobile household, therefore the car in addition to pickup truck belonging to Bobby. Appellants’ Modified Section 13 Plan failed to render that Appellee’s safety deed is *922 is met otherwise extinguished up on the completion from package money. (Id.) Appellee did not object to help you Appellants’ Modified Part thirteen Plan.
Towards the , the newest bankruptcy court registered an order guaranteeing Appellants’ Altered Chapter 13 Bundle get a loan with no credit Sheridan Lake. (Ex. P-six to Tr., Order Guaranteeing Plan.) Costs according to the Chapter thirteen bundle were done of the Appellants during the 2005. (Tr. 7:1-2.) To your , the financial institution off Danielsville put-out their safeguards need for Appellants’ cellular domestic additionally the other collateral securing its debt. With the , the bankruptcy proceeding judge joined your order giving Appellants’ Part thirteen launch. A last decree was also joined, closure Appellants’ Chapter 13 case. Following acknowledgment of its launch, Appellants produced multiple needs regarding Appellee which draw the cover deed on Appellants’ real property met. Yet not, Appellee refuted. (Id. in the seven:3-8.) Appellants’ Chapter 13 circumstances are reopened from the order of your case of bankruptcy courtroom with the , Appellants submitted an enemy continuing from the case of bankruptcy court. (Id. in the seven:8.)
