At that time Taylor Bean made the borrowed funds, Appellants’ mobile home ended up being put up into the miles and you will Appellants didn’t come with aim of swinging the fresh new cellular domestic in the house. (Id. at the -19.) The tires and axles linked to the halves of your cellular household was indeed eliminated when Appellants gone the fresh cellular household onto the property. (Id, within 41:8-nine.) Additionally, new tongues was indeed eliminated. (Id. at 27:6-eight.) Appellants depending a beneficial septic system and you can a liquid loans in Segundo better, and you will once Taylor Bean made the mortgage, Appellants constructed an effective mortared cinderblock foundation as much as all four edges away from their property. (Id. in the 37:7-38:nine.) Appellants also hung outside air conditioners (id. on 42:8-9), and additionally electric solution, (id. within -25).

II. Bankruptcy Procedures

(Tr. 5:23-twenty-five.) During the time of the new submitting, Bobby was compelled to Appellee for a financial loan shielded by Appellants’ miles and advancements, and you can Appellants was together obligated to the lending company out of Danielsville to possess financing secured from the Appellants’ cellular house and you will an auto and pick up truck owned by Bobby. To your , Appellee registered the protected evidence of claim into the personal bankruptcy judge regarding the level of $104,, representing the principal and you will pre-petition arrearage owed by the Appellants.

Appellants’ earliest suggested plan given, inside related one, one to “[verification on the bundle commonly extinguish the following lien on the [Appellants’] home kept by [the bank of Danielsville] because of the lack of really worth to support the latest said lien

Appellants served and you may registered its first proposed Chapter 13 bundle, hence open to remove brand new arrearage due on the obligations because of the and work out repayments as a consequence of their Part 13 package. Normal blog post-petition, monthly payments towards the duty was to be made to Appellee myself. (Id. on 6:1-5.) Appellants went on for a few months after the its submitting while making the regular, post-petition, monthly payments directly to Appellee. ” (Part 13 Plan, .) Appellee did not target in order to Appellants’ very first suggested bundle.

To your , Appellants gave see of your own recommended modification of its Part 13 plan prior to confirmation. (Find Ex. P-step 3 to help you Tr., Find from Mot. to own Modification from Package Prior to Verification.) Regarding the suggested modified package, Appellants sought to help you bifurcate Appellee’s allege within protected and you will unsecured portion. (Look for Ex. P-7 so you can Tr., Chapter 13 Bundle, [hereinafter Altered Part thirteen Package].) In Modified Section thirteen Plan, Appellants were to shell out Appellee its safeguarded amount. The newest unsecured part of Appellee’s allege was to be distributed professional rata with the rest of Appellants’ unsecured loan providers. Appellants’ Altered Chapter thirteen Plan taken to a complete percentage away from the responsibility owed by Appellants with the Bank away from Danielsville and you can safeguarded because of the its mobile family, therefore the vehicles and the pickup truck owned by Bobby. Appellants’ Modified Section 13 Package failed to offer you to definitely Appellee’s safety deed is actually *922 to get fulfilled otherwise extinguished upon the completion out-of bundle money. (Id.) Appellee failed to target so you’re able to Appellants’ Modified Part 13 Package.

To the , the case of bankruptcy judge joined an order confirming Appellants’ Modified Part 13 Plan. (Ex lover. P-6 to help you Tr., Buy Guaranteeing Plan.) Costs under the Chapter 13 bundle had been done because of the Appellants inside the 2005. (Tr. 7:1-2.) Into the , the financial institution out-of Danielsville put-out the protection demand for Appellants’ cellular home while the most other equity securing the personal debt. Towards the , brand new personal bankruptcy judge joined your order giving Appellants’ Chapter thirteen release. A final decree was also registered, closing Appellants’ Part thirteen instance. Following the bill of the discharge, Appellants generated multiple desires away from Appellee this draw its coverage action towards the Appellants’ real estate satisfied. However, Appellee rejected. (Id. at the eight:3-8.) Appellants’ Part 13 situation try reopened by the purchase of your own bankruptcy legal to your , Appellants filed a challenger continuing on bankruptcy proceeding court. (Id. at the eight:8.)